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Noisy Condo Neighbour

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asked on Apr 14, 2011 at 14:20
by   Jane
edited on Aug 16, 2018 at 02:36
 
I have a very noisy neighbor staying on my condo upstairs. The kid is 5 years old and he is always running, stomping around, playing games throwing and hitting things onto the floor as well as dragging furniture sound whenever he is at home.

I did try to talk to them before, the lady owner is very self protective and denies that she has kid making noise. After I talked to them, the noise become worse, and I made 2nd approach to them last year but I was being scolded by the lady for "pressuring" them, she scolded the kid and hit the kid right in front of me. I did give them a break of 6 months time to see if there are any improvement but the noise is just getting worse.

Until very recently, I made another nice approach to them and the lady owner scolded me and made a verbal abuse on me for not having a kid and thus do not know how to teach a kid. In fact I did not try to teach them anything but I only heard her shouting at me that her kid is very naughty. She even challenged me to make report to the management, and so I did. Before the management approached her, she started to revenge me, she makes noise in the master bedroom during the time we need to rest, she also wakes up 1-2am and 4-5am, throwing things onto the floor to wake us up.

With nuisance character as such, I'd like to know what we can do in law standpoint? Does Malaysia have such rule to protect each house owner from being harass in such way?
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answered on Apr 14, 2011 at 15:42
by   vkpc
Move to another house...
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answered on Apr 18, 2011 at 16:22
by   Jane
I need a legal answer to this please..
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answered on May 5, 2011 at 23:54
by   headache
edited Aug 16, 2018 at 02:37
 
I just went surfing and found your message. Would like to know if your problem solved? I am also having similar problem and just don't know what to do about it.
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answered on Jan 28, 2013 at 08:24
by   sleepless in PJ
I have spoken very civilly to the owners upstairs, who kept insisting it wasn't them. If you can't move, MAKE them move. There is no law to protect victims like us. You will have to wriggle your outta this one.
Go to a psychiatrist or GP to get a mental trauma diagnosis, hire a good lawyer and sue both the tenants upstairs and the building management for not taking any actions in your interest. Make sure you complain at least 3x before attempting this. This will be in your favor, proving it is not vendetta or financially-motivated. My brother's a lawyer and I was taught to do this. You stand a very good chance of winning. Good luck.
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answered on Jun 5, 2013 at 16:01
by   Eagle01
Get even. Toss a golf or tennis ball onto the ceiling in the middle of the night where you think the bedroom is. It's equally disturbing.
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answered on Sep 25, 2013 at 19:35
by   Callas
edited Aug 16, 2018 at 02:39
 
I'm having the same experience as you but these neighbours living next to me are adults. They have a major problem with the door, slamming the doors 24/7 and stomping up the stairs. Sigh and its so tiring!
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answered on Oct 5, 2013 at 18:14
by   natalie3
edited Aug 16, 2018 at 02:39
 
You can always proceed with a demand letter based on nuisance.
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answered on Sep 1, 2016 at 09:01
by   Will
edited Aug 16, 2018 at 02:41
 
Old post, same problem, a dinosaur walking on my top at midnight, slamming the door, throwing stuff on floor. Tried to talk to them but with no luck.

I had installed a remote control wall knocker machine from taobao.com to buzz them but I get caught in red hand. Hate to have such neighbors. What can I do @ Ampang Prima Condo?
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answered on Sep 6, 2016 at 07:58
by   SunPhoenix
How to deal with noisy neighbour?

First and foremost, you must talk to your neighbour politely. Tell them what's disturbing you and ask them to reduce the noise level. You might have to make few attempts. If you threaten them in the first place, you could make the situation even worse. Remember, you are living there.

Be specific and let them know what you feel your neighbour should do to solve the problem amicably.

Keep a record of time, date and other details of the noise.

If raising the issue with your neighbour does not solve the problem, contact the management corporation, if applicable, to mediate the situation. Write in officially and keep proper documentation to prove you've made an attempt to solve the problem with your neighbour.

If your neighbour is only renting the unit or house, you can contact the landlord. The landlord has the right to evict the tenant for failure to comply with contract rules.

You should also make an official complaint to your local authority or City Hall (Dewan Bandaraya).

If that does not stop your noisy neighbour, contact the police, when your neighbour is making the noise. Tips: Don't tell or threaten your neighbour before hand that you'll be calling the police. Else, the situation might be different when the police arrive. The police will normally give them a warning first.

Lastly, you can take legal action through the court but legal cost is expensive with no guarantee you'll win. Under the Special Relief Act 1950, you can sue for an injunction restraining your neighbour from making the noise. However, you need to prove that the noise is unreasonable, excessive and adversely affected your physical comfort. This is when police report, documentations, witnesses and recordings (when the noise is excessive) will prove useful.

If the noise level is excessively high, you can get a decibel level machine or apps to measure it.

If you do not wish to follow the above steps, which could be time consuming, emotionally and perhaps financially draining, you should just move out and get peace of mind.
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answered on Dec 24, 2016 at 13:02
by   Willie
edited Aug 16, 2018 at 02:44
 
Again, just an update. My neighbor accused me for *making noise* knocking them and called police. They said it's my fault for not notifying them so they were not aware that they walked like dino on top of me. Just felt like they played dumb and tried to deny everything. In fact, I already told them two years ago and did leave some printed notes to them. I strongly believe they know what happened.
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