We've all experienced at least once the inconvenience of noisy neighbors, whether we're talking about parties in the apartment, arguments, or other such noises that can disrupt your sleep or even your daily life.
If a kind word didn't work with your neighbor, I'd like to inform you that there are a number of legal remedies through which you can regain the peace of your home.
What can happen to the neighbor in question from a legal point of view?
First of all, you need to know that the neighbor in question may be subject to a misdemeanor or even criminal liability for failure to comply with the rules of conduct within the condominium you are in and beyond.
What does the current legal text tell us about the silence program?
According to the Law No. 61/1991, „- disturbing the peace of the residents between 22:00-8:00 and 13:00-14:00 by any person by producing noise, din or by using any device, object or musical instrument at high intensity in the premises or offices of legal entities, in the homes of individuals or in any other place in residential buildings or located in their immediate vicinity; – organizing private parties and using musical equipment at an intensity likely to disturb the peace of the residents, in tents, other arrangements or in uncovered space, located in the vicinity of residential or social buildings, in the urban environment;” represent misdemeanors or even crimes, depending on the circumstances in which the acts were committed.
Therefore, even the legal text comes to our aid and regulates a fixed quiet schedule that must be respected by all tenants in the building, without exception.
What legal avenues can you pursue to resolve the problem of noisy neighbors?
- A first step would be notifying the Homeowners Association or the building administrator to mediate the dispute between you and your neighbor or even to issue an official warning to him.
- The next step, as gravity, would be notification of the competent authorities, the police being most often the solution to discourage noisy neighbors from continuing the noise nuisance.
- Ultima ratio, you can formulate a action before the competent court through which you can request the civil liability of the perpetrator neighbor and of course, if necessary, obliging him to pay the moral damages that he caused you through the disturbance created. Also, in the situation where the neighbor's act meets the characteristics required by law to be classified as a crime, you can contact a criminal complaint to the criminal investigation body.
In whatever previous situation you find yourself, it is important, in advance, to try to gather as many samples as possible possible issues regarding the nuisance caused by your neighbor, so that, in the event that it is necessary to resolve the dispute in court, you are prepared.
An extremely important issue is the fact that these rules apply to both apartment buildings and individual courtyards or houses, the legislator not limiting the norm to being applicable only to apartments in the building.
What legal sanctions can problematic neighbors suffer?
As for the penalties regulated by law, if your neighbors organize parties in the apartment next door, they risk a fine of between 2,000 lei - 3,000 lei, and in the situation where we are talking about disturbing the peace during quiet hours, the fine is relatively low, ranging between 500 lei - 1,500 lei.
Also, fines may increase considerably if this type of contravention is repeated within 24 hours of the first offense being discovered (Art. 5 of Law no. 61/1991).
At the same time, there is the possibility that noisy neighbors may also suffer a series of criminal sanctions, recalling in this situation the provisions Art. 371 Criminal Code – Disturbance of public order and peace: „The act of a person who, in public, through violence committed against persons or property or through threats or serious attacks on the dignity of persons, disturbs public order and peace is punishable by imprisonment from 3 months to 2 years or a fine.”.
Here we are of course discussing a more serious situation, requiring the existence of those acts of violence, threats or serious assaults committed by the perpetrator neighbor, which is why the legal text mentioned above is not applicable in every situation, requiring a detailed analysis of the factual situation by a lawyer.
Conclusion
So, living together in a community sometimes brings a series of challenges related to external noise, but it is essential to know your rights and act reasonably to resolve the conflict. In the event that you find yourself in this situation and do not know how to proceed, contact me and let me help you regain the peace of your home.
English 
Română