kukumaru

上个月刚搬到一个新的公寓, 本来一切都很正常. 但是慢慢发现楼上的住户特别奇怪, 总是半夜不睡觉.
我们也没有要干涉别人的意思, 但是晚上那么安静, 他们在楼上的走动声显的格外的刺耳(隔音都不好).
这种声音一直能持续到凌晨2,3点, 不过想着住的公寓, 这种事情难免发生, 所以就忍了.

可最近楼上是越来越过分, 大白天一早就开始,又敲又钻又锯, 声音非常刺耳. 也真服了这户人家, 凌晨3,4点才睡, 早上8点来钟就起来了, 也不用上班. 昨天更是过分, 凌晨2点30 还在敲东西. 我上楼敲门找他, 声音马上停止了, 但是就是不开门.

我问过房东, 楼上并不是装修, 应该是在搞自己的东西. 听朋友说, 晚上超过11点, 如果邻居还是很吵, 我们有权力报警. 但是, 白天呢???如果他们白天在家自己加工一些东西, 声音很大, 是不是也拿他们没辙? 在他们门口听了一会儿, 里面住的应该是中国人, 所以不想找太多麻烦.

我想写封信放在他们的邮箱里, 希望他们能够有所收敛, 不知道这样做合不合适.
天天被自己同胞吵的头疼, 真是无奈....

airbus2002

The situation you described is an actionable cause at law, "nuisance".

"Nuisance" refers to any damage to your land, or any discomfort or inconvenience to the enjoyment of your premises (noise, odour...) caused by your neighour.

The excessive walking noise at night is unlikely to constitute nuisance. But the apartment is for residential purpose, if you can prove that your neighbour indeed is manufacturing in his apartment, which is against the clause in the residential lease and the normal use of such premises, you can claim nuisance in your favour.

If such "nuisance" remains intensive and lasts for a period of time, which cannot be tolerated by any normal person, you may sue your neighbour before the court.

The court may grant an injunction on your neighbour, ordering him/her to cease future annoyance; or grant you some damages.

In your case, I would recommend that you inform your janitor of this particular nuisance, asking him/her to mediate between your neighour and you.

If the mediation failed, you may send your neighbour a warning letter, indicating your intent to sue him/her in court.

If any nuisance occurs, you should call the police and ask them to interfere. This may serve as evidence for your lawsuit later.
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Civil Code of Quebec

976. Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local custom.

diorlancome

word comes first, force comes next.

talk to your neighbour and your landlord first ;  if it doesn`t work, then file your application at la regie du logement. besides some basic articles about lease in the Code, u can also find a lot of information in the site of la regie du logement. refer to the frequently answered questions, u will find a section about noise. u will be told how to do exactly.

if u are not clear, consult the section of laws and regulations. i`m sure u will find your answer.

in Quebec, la regie du logement has exclusive jurisdiction over residential lease with several exceptions. and the majority of her decisions are final and cannot be appealed.