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september 6, "woman is sensitive to sound

"requesting neighbors not to use the toilet at night" became a hot search

provoke discussion on noise in daily life and neighborhood relations

the result of the incident made many netizens praise and agree

ms. wang from zhejiang could not stand

the "noise" generated by the normal life of the upstairs neighbors

fight back with extreme measures

caused neighbors to move out of their homes and rent houses outside

recently, the intermediate people's court of zhoushan city, zhejiang province

the second instance judgment upheld the first instance result

support mr. zhang, the upstairs resident

request compensation from ms. wang, the downstairs resident

the claim for house rental fees, agency fees and mental damages

women are sensitive to sound

request residents upstairs not to use the toilet after 10pm

mr. zhang is the owner of room 201 in a certain building in a certain community, and ms. wang is the owner of room 101 in the building. not long after both parties moved into their new houses, in january 2022, ms. wang began to feel that mr. zhang upstairs made noise that affected her rest. after the two parties communicated, mr. zhang took measures such as changing to silent slippers and laying carpets to reduce the noise. however, as time went on, ms. wang became more and more sensitive to the sounds produced by normal life such as washing, bathing, bottle caps falling, and even using the toilet, and even asked mr. zhang not to use the toilet after 10 o'clock in the evening.

noise problem not solved

woman uses extreme means to retaliate

because the "noise" problem could not be solved, ms. wang subsequently took fierce counterattack measures, and mr. zhang also called the police many times. according to the "situation statement" issued by the local police station, the owners of 201 and 101 in a certain community have called the police many times due to noise problems since 2021. the police station police have mediated between the two parties several times but still failed to resolve it. the police repeatedly emphasized to ms. wang, the owner of 101, not to deliberately make noise to affect the lives of others. she still used building shakers, resonant speakers, knocking on cabinet doors, etc. to deliberately make noise to interfere with the normal life of the owner of 201. in response to the above behavior, the police station has issued an administrative penalty of warning to ms. wang, and recovered the tools used in the crime, a speaker and a wooden stick.

the upstairs residents were unable to bear the disturbance and moved away

after the house was sublet, the conflict came again

mr. zhang was so annoyed that he chose to move out temporarily. on july 1, 2023, mr. zhang rented another house in the community, for which he paid a total of 15,400 yuan in rent and deposit for half a year, and another 2,200 yuan in rental agency fees.

in order to save money, mr. zhang rented room 201 to xiaoli and xiaoxia successively, but ms. wang still couldn't stand the noise of xiaoli and xiaoxia's life after they moved in, which led to many conflicts between the two parties and she called the police. xiaoli and xiaoxia finally chose to cancel the lease. since then, mr. zhang's house has not been rented out and has been vacant.

the upstairs resident sued the woman

request for compensation for various expenses

in january 2024, after a two-year "tug of war", mr. zhang filed a lawsuit in court, demanding that ms. wang compensate mr. zhang for the rental fees, agency fees and mental damages totaling 32,800 yuan incurred due to her long-term harassment, which caused mr. zhang to rent a house outside.

ms. wang argued that it was mr. zhang who made the noise first and that it was his own choice to rent a house outside and that the related expenses should not be borne by him.

the first instance court held that

adjacent relationship of buildings

it is a three-dimensional adjacent relationship

residents above, below, left, right, or even several floors apart

still can form a neighbor relationship

the opposite party of the neighbor relationship

should assume appropriate tolerance obligations

that is, the neighbor should tolerate the other neighbor

minimal noise nuisance in daily life

in response to the reasonable noises produced by mr. zhang's normal living in daily life, ms. wang responded by knocking on the ceiling, using resonant speakers in the middle of the night and other extreme methods, which was obviously inappropriate. among the two parties in the neighboring relationship, mr. zhang has fulfilled his obligation of tolerance. after repeated mediation by the community and the police station failed, mr. zhang chose to move out of room 201 in july 2023, one and a half years after moving in, and rented another house outside. the losses incurred should be borne by ms. wang. after deducting the profits made by mr. zhang through two rentals, the first instance court supported mr. zhang's corresponding rental losses, and also supported the agency fees paid by mr. zhang. in the end, ms. wang was ordered to pay mr. zhang a total of 17,600 yuan in rental fees and agency fees, and to determine 2,000 yuan in mental damages at its discretion.

after the court ruling

ms. wang filed an appeal

the second instance court ruled to dismiss the appeal and uphold the original judgment

currently, the judgment has come into effect

■judge's opinion■

according to article 288 of the civil code of the people's republic of china, adjacent rights holders of real estate should properly handle neighboring relations in accordance with the principles of benefiting production, facilitating life, solidarity and mutual assistance, and fairness and rationality. in real life, due to the sound insulation of buildings, it is inevitable that adjacent residents are affected by certain sounds. neighboring people should uphold the utmost goodwill and try their best to avoid and reduce the impact on the normal life of neighbors in life. at the same time, they should be appropriately tolerant of minor interference caused by the other party in daily life. residents of commercial housing should adjust their mentality, be kind to others, and be friends with neighbors. only in this way can they jointly create harmonious neighborhood relations.

jimu news compiled zhoushan politics and law, people's court daily, china court network, netizens' comments, etc.