• Noise from tenants upstairs/non-cooperation

Hi, I'm the owner of the apartment I'm living in and have been living here for 10 years. Some tenants moved in upstairs a year ago. They have kids that are very unruly and extremely noisy, running around and making noise till 12 at night. This makes it difficult for me to sleep or read or do anything that requires some quiet. 
I have made attempts to speak to them politely 4 times. Each time I have followed my talk with them with an email to the house owner. Each time I tried talking to the owners and requested that they ensure there is minimal noise after 9pm at night, they have responded rudely, yelled at me, said the noise will continue, and slammed the door. I have videos of two such encounters where the wife is yelling at me and questioning my marital status and if I have children of my own...and proof of the emails I sent to the owner. 
I need to know what legal recourse I have because living in this flat has become unbearable with the amount of noise these kids make throughout the day. The owner has pretty much been unhelpful and has asked me to complain to the associate office - and the association office says they will take action if the noisy tenants were bachelors who were making noise after getting drunk.
Asked 4 years ago in Property Law
Religion: Christian

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16 Answers

This is normal matter and there is nothing so serious in this matter. You should try to resolve this in friendly manner.

1) if you are staying in cooperative housing society write complaint to the secretary of the society .

2) if no action is taken by society send reminders. 

3) issue legal notice to your neighbour. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to have more evidence of the nuisance to which you’re subjected to by this family. If it becomes absolutely unbearable during the act sometime in the future, call Police by dialling 100

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If no action is taken by society issue legal notice to flat owner to direct his tenants not to make noise till midnight 

 

2) file suit seek injunction order against tenants 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

See you can file a police complaint before local police station that neighbour is creating nuisance and also intimidating thar you do whatever he shall not stop nuisance police may help.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Nuisance, Intimidation, Breach of trust etc.... against the person/s, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is kind of creating nuisance. Complain to police. At least polcie will issue them warning. Repetition may land him to trouble.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear sir /madam

You may approach the police or get issued a legal notice and then file suit for permanent injunction 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

- Section 268 of the IPC defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

- Hence, as per law, you can lodge your complaint against the tenant living upstairs, becasue being the owner of your apartment , you have right to live peacfully and happily.

- If, no response from the local police then you should report to the higher official as well , and copy of the same should be forwarded to the assosiation plus owner of the said flat as well.

 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You can only make complaint to association to take action against tenants because children are making the noises and not adults so you cannot take legal action against them. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You first give a legal notice to the tenants for creating nuisance due to their loud noise especially during the late hours of the day which is disturbing everyone's sleep and peace.

After that you can make a complaint to the association in this regard in writing and endorse a copy of all these correspondences to the actual owner.

If you dont get any fruitful result to your attempts then you may approach police station with a criminal complaint against them which may include their rude and unbecoming behavior.

This step will certainly bring some result.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

You can inform them the same if they are not adhering to your request then you can approach the court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Association can ask the flat owner to direct tenant to vacate the premises on account t of complaints received from neighbour 

 

if no action is taken by association file suit and seek court orders to direct tenant to not create public nuisance 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Yes amicable including the society is a good option but later court is the last approach

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Complain to police, will warn them.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See court cannot restrict children nether shall grant any relief against children though if neighbor is creating unnecessary noise court can pass order and restrict them also a criminal case with police can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You gather the evidence about this continuous nuisance and issue a legal notice to the owner as well as to the association immediately requesting them to instruct the tenant to curb the acts of nuisance with immediate forthwith or take suitable legal action.

If there is no response then you may lodge a complaint with the police about this continuous nuisance and request for proper legal action as per law to contain this menace of nuisance

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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