Tenants’ Rights Against a Noisy Neighbor: Must They Move Out? — Attorney Gizem Gonce
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
News interview | Attorney Gizem Gonce
The tenant does not have to endure the noise made by their neighbor. The legal order protects a person's right to live in peace and security in their home.
One of the most common problems in apartment or housing estate living is the noise made by neighbors. Listening to loud music late at night, constant shouting, loud television, renovation work, or continuously repeated disturbing noises inside the home can cause serious disputes among neighbors.
So, what are the rights of the tenant against the noisy neighbor? Can the tenant ask the landlord for help? Can they call the police? Can they terminate the lease agreement due to noise and leave the house? Is it possible to have the noisy neighbor evicted?
Attorney Gizem Gonce explains the legal remedies available to tenants and the points they should consider.
Does the tenant have to endure their noisy neighbor?
No. A person being a tenant does not mean they have waived their right to live in peace and quiet in the residence they live in.
What is important here is the nature, frequency, duration of the noise, and to what extent it affects life. For example, listening to loud music at midnight, constant shouting, continuous loud arguing inside the house, or repeated disturbing behaviors must be evaluated from a legal perspective.
Article 18 of the Turkish Condominium Law requires condominium owners and those who continuously use individual units as tenants or on another legal basis not to disturb each other. This obligation therefore applies to both owners and tenants.
Can the police be called regarding the noisy neighbor?
Yes. The police or other law enforcement authorities can be contacted, especially when noise continues at night and disturbs the neighbors. A complaint can also be made to the municipal enforcement service (Zabıta).
Article 36 of the Turkish Administrative Offences Law No. 5326 classifies noise that disturbs the peace and quiet of others as an administrative offence. An administrative fine may be imposed.
However, there is an important distinction here: Every heard sound is not automatically considered unlawful noise. The nature, time, intensity of the sound, and whether it is at a level to disturb the peace of others are evaluated.
Can the noisy neighbor receive a penalty if they constantly repeat the same behavior?
Yes. The repetition of the noise, especially if done intentionally and systematically, can change the legal dimension of the incident.
Article 123 of the Turkish Penal Code covers the offence of disturbing a person’s peace and quiet. Persistently directing noise at someone solely to disturb their peace and quiet may constitute this offence if the other legal requirements are also met.
Here, high volume alone is not sufficient. The special intent and persistence elements required by the law must also be present.
What kind of evidence needs to be collected to complain about the noisy neighbor?
Evidence is particularly important in these disputes. Even if a person says they are continually disturbed, they need to be able to show what happened.
I recommend that tenants preserve the following evidence:
- Records showing the dates and times when the noise occurred.
- Audio and video recordings obtained in a lawful manner.
- Official records of reports made to the police or municipal enforcement service (Zabıta).
- Statements of other apartment residents who witnessed the noise.
- Written complaints made to the apartment management.
- Messages and correspondence demonstrating the continuity of the noise.
Can the tenant ask the landlord for help due to the noise?
Certainly. The tenant should first inform the landlord in writing. This is particularly important if the noise has continued for a long time and contacting the building management has not resolved it.
The landlord's responsibility must be evaluated separately based on the nature of the incident and the extent to which the use of the leased property is affected. The lessor has the obligation to keep the leased property in a condition suitable for its intended use throughout the contract period. However, it is not possible to hold the landlord directly responsible for every behavior of the neighbor.
Can the tenant terminate the lease agreement and move out due to the noise?
The answer to this question is not the same in every case. The mere fact that the neighbor makes noise from time to time does not give the tenant the right to terminate the agreement automatically and without any legal consequences.
However, if the noise is persistent, severe and unreasonable to tolerate, and seriously interferes with the tenant’s use of the home, termination of the lease and other legal claims may be considered, depending on the circumstances.
The tenant should first document the complaints, notify the landlord in writing and obtain a legal assessment of the specific case. Stopping rent payments or abandoning the home without establishing a legal basis may lead to a serious loss of rights.
If the noisy neighbor is a tenant, can the landlord evict that person from the home?
Yes. Eviction proceedings may be available under certain conditions.
Pursuant to Article 316 of the Turkish Code of Obligations, the tenant is obliged to show the necessary respect to the persons residing in the immovable property and their neighbors.
If the person causing the noise is a tenant and breaches this duty, the landlord may, as a rule, issue a written notice in residential and roofed business-premises leases. The notice must allow at least 30 days to remedy the breach and state that the lease will otherwise be terminated.
However, the law also provides for the possibility of termination without giving a period in certain severe cases, such as the behavior becoming unbearable. Therefore, each case must be evaluated under its own conditions.
Can the tenant make a complaint to the apartment management?
Absolutely. The tenant can make a written application to the apartment or housing estate management. They can request from the management that the issue be brought to the agenda, a warning be issued to the relevant person, and the rules in the management plan, if any, be applied.
Especially, multiple neighbors complaining about the same person is important in terms of documenting the incident.
Tenants do not only have obligations in apartment living; they also benefit from the rights required by communal living.
Can a lawsuit be filed against the neighbor due to the noise?
Depending on the circumstances, civil-law remedies and criminal complaints may be available.
Article 737 of the Turkish Civil Code requires property owners to avoid excessive conduct that adversely affects their neighbors. Article 18 of the Turkish Condominium Law also imposes a duty not to disturb one another.
In addition, mandatory mediation provisions may need to be applied before filing a lawsuit in disputes arising from the Condominium Law and neighborhood law. Which claim the tenant can make and which legal remedy they can apply to must be determined according to the characteristics of the incident.
Can the tenant claim compensation due to the noisy neighbor?
Yes, but for this, the conditions of legal liability must be met and the damage must be established.
For example, in the event that the tenant suffers pecuniary or non-pecuniary damage due to the neighbor's unlawful and culpable behaviors, a claim for compensation may be evaluated within the scope of the tort provisions of the Turkish Code of Obligations.
Legal remedies must be evaluated, especially in events that continue for a long time, seriously affect a person's daily life, and cause concrete damage.