Dear client, as to the reply of your query i would like to state that there is legal way to get rid of this. In the first stage you need to send a legal notice through your advocate to the landlord and as per the reply of your landlord the next step would depend. If you wish to discuss further then you may contact in WhatsApp-[deleted]. Email - [deleted].

You should first give a written complaint to the landlord and the local police about continuous noise and nuisance... If the disturbance continues you can file a complaint under public nuisance provisions and also approach the civil court for an injunction to restrain the tenant from creating noise beyond permissible limits.

If the society or landlord does not take effective action, you can, through a lawyer, issue a formal legal noticeto the tenant and the flat owner. This notice should detail the persistent nuisance and request immediate cessation of the disturbing activities, citing your right to peaceful enjoyment of your property.

2)the disturbance continues, you can file a complaint at your local police station under the Indian Penal Code (IPC) for public nuisance. The police are empowered to issue a warning or, in persistent cases, seize sound-emitting equipment or take other appropriate action.

3) you can file a civil suit for an injunction in the district court. You would request the court to issue a restraining order to legally stop them from creating a nuisance.

You can’t evict him but can file police complaint and complaint to society 

You cannot directly evict a tenant.

But you can legally proceed against nuisance, disturbance, and violation of peace.

You may first issue a notice cum complaint to the flat owner:

Mention dates, timings, types of noises

Mention repeated oral complaints

State that continued nuisance may force you to initiate legal proceedings

This becomes documentary evidence.

After that you can approach RWA with a complaint against the neighbour.

If there's no relief despite the above steps you may indulge in proper legal action in furtherance.

What you are facing legally amounts to nuisance and violation of your right to peaceful enjoyment of your home. While a person has a right to live in their premises, they do not have the right to create continuous and avoidable disturbance to others. Persistent dragging of furniture, loud playing, late-night noises, or activities resembling commercial or factory-type sounds, when carried on daily and till midnight, go beyond normal living noise and can be acted upon under law.

The first and most important step is to start documenting the disturbance. Maintain a written log mentioning dates, time duration, and nature of noise. Wherever possible, make audio or video recordings from inside your flat that clearly capture the disturbance. If other neighbours are affected, try to obtain their written or oral support, as this strengthens your position.

If your building has a residents’ welfare association or society, submit a written complaint to them. Most society by-laws prohibit excessive noise, especially during night hours, and do not allow use of residential flats for activities that disturb others. A written notice or warning from the society often compels tenants to correct their behaviour.

You are also entitled to approach the local police station with a written complaint. Continuous noise disturbance can fall under nuisance provisions of the IPC and noise pollution rules. Police generally issue a warning or call the tenant for counselling, which in many cases is enough to stop the nuisance. You may also use emergency noise complaint helplines if the disturbance occurs late at night.

If the problem still continues, you may send a legal notice to both the flat owner and the tenant. The notice should clearly state that despite repeated requests, the disturbance has not stopped and that continued nuisance will force you to seek legal remedies. This step is important because the landlord is legally responsible for ensuring that his tenant does not misuse the premises or disturb neighbours.

In case all these measures fail, you can approach the civil court by filing a suit for injunction seeking an order restraining the tenant from creating nuisance and disturbing your peaceful possession. Courts can pass directions limiting noise, restricting certain activities, and enforcing peaceful use of the premises.

It is important to understand that you cannot directly evict the tenant, as eviction rights lie with the owner. However, sustained complaints, police intervention, and legal notices often compel the owner to either control the tenant or terminate the tenancy.

In law, your right to peaceful living is protected under Article 21 of the Constitution, and courts take persistent nuisance complaints seriously when supported by evidence. If required, I can also help you draft a police complaint or legal notice in proper format.If you wish to contact us, you may do so on https://qrco.de/syslaw

Dear client,Send a formal letter or email to the Society Secretary. Mention that you have already approached the owner twice and the tenant directly. Most societies' bylaws have clauses regarding "peaceful enjoyment of property." The Society Association can send a formal warning to them. Under the Noise Pollution (Regulation and Control) Rules, 2000, night hours (10 PM to 6 AM) are strictly regulated- this covers music played or any sound that is above a certain level and causes disturbance. Or you can send a formal legal notice too based on law. But you cannot directly evict them.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

- You can send a legal notice to him 

- If no positive response, then file a police complaint 

Direct legal notice next (not police)—registered AD post to owner/tenant, demand cease nuisance in 15 days.​

Phone decibel meter logs (with timestamps/videos) + log sheet + 2 neighbour affidavits = sufficient proof.

Police would not intervene 

2) issue legal notice and if no action is taken approach court for necessary reliefs 

3) correspondence exchanged with society and neighbour should help,you in making out a case 

You can send a legal notice first and check it may work 

Since you have already informed both the owner and the tenant and there has been no improvement, the next logical and legally sound step is to proceed with a police complaint first, followed by a legal notice if the disturbance continues.

You do not need to go directly to court at this stage. Law expects you to first exhaust simpler and immediate remedies, and police intervention in nuisance cases is considered an appropriate second step. A written police complaint creates an official record and often acts as an effective deterrent without escalating the dispute unnecessarily.

You should submit a written complaint to the local police station describing the nature of disturbance, the frequency, the time period (especially late-night noise), and the fact that prior intimation to both the tenant and the owner has failed. Clearly state that the noise is continuous, avoidable, and affecting your health and peaceful living. Police usually issue a warning, call the tenant for counselling, or visit the premises, which in many cases resolves the issue.

If police intervention does not help or the disturbance resumes, then you should proceed with a legal notice addressed to both the owner and the tenant. The notice should record the history of disturbance, prior complaints, police intimation (if any), and clearly state that continued nuisance will compel you to seek court injunction. Sending a legal notice before filing a case strengthens your position and shows that you acted reasonably.

As far as proof is concerned, maintaining a disturbance log is very important. A handwritten or typed log noting date, time, duration, and nature of noise is valid supporting evidence. Audio or video recordings from inside your flat are also relevant. Using an Android decibel meter app is helpful as a corroborative tool, but by itself it is not conclusive scientific evidence. Courts treat such readings as supporting material, not as the sole proof. What matters more is the pattern, frequency, and impact of the disturbance.

If possible, recordings that capture both the noise and the time (such as screen recording while the decibel app is running) are better. Even normal audio recordings demonstrating loud and repetitive sounds late at night are sufficient at this stage. Independent corroboration from another neighbour, if available, further strengthens your case, but it is not mandatory.

If the issue still persists despite police warning and legal notice, you can file a civil suit for permanent and mandatory injunction seeking restraint on nuisance. Courts do entertain such matters even where the society is unregistered and managed by an ad hoc committee.

In summary, proceed first with a written police complaint, continue maintaining a disturbance log and recordings, and escalate to a legal notice only if required. This sequence is legally appropriate, proportionate, and strengthens your case if court intervention becomes necessary.

There is no point in approaching the unregistered association which is managed by adhoc committee because it has no powers either to sue or to be sued. 

Therefore you may first resort to legal notice mentioning the grievances caused by the tenant which may include the dates and events and demand and strictly warn from indulging in such activities causing great nuisance and disturbance failing which you may inform that you will resort to further legal action through police as well as through court of law for which the tenant along with the landlord will be severally or jointly  liable for the consequences and costs thereon. 

Dear client,

In the instant case, if the society is not ready to interfere with the personal issues, you can consider the following remedies which includes filing a police complaint about the fact that the noise level has exceeded the noise standards by 10 dB(A) at night between 10 pm and 6 am. 

Also, you can also file a complaint with the Central Pollution Control Board (CPCB) or the State Pollution Control Board which has a duty to prevent, prohibit or regulate the noise pollution caused.      

Another course of action that could be taken is file a complaint for private nuisance before the nearest Court having jurisdiction and to get an injunction against the upper tenants prohibiting them from causing the disturbance.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you