Is Pets Making Noise in an Apartment Grounds for Eviction?
Is Excessive Noise by Pets in an Apartment Grounds for Eviction?
It is not legally prohibited for neighbors living in the same apartment building to keep pets. However, the keeping of pets may be prohibited by a decision taken by the apartment management.
As regulated in subparagraph (z) of Article 4, titled “Domestic activities and noise caused by neighbors,” of the Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry (Official Gazette Date: 04.06.2010 - Number: 27601);
It is stipulated that this covers activities resulting from individuals' own behaviors and habits within the residence; such as closing doors and windows, walking, talking, cleaning, moving furniture, watching television, listening to the radio, using any musical instrument not intended for entertainment, using appliances such as washing machines, refrigerators, and vacuum cleaners, keeping pets, as well as renovations to be carried out within the building.
The Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry regulates the definition, criteria, and required decibel levels of noise made in apartments.
In the Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry, the decibel limits for noise that may be caused by pets and neighbors are regulated in terms of day-night, open-closed windows, and indoor-outdoor environments. Decibel measurements are carried out by the Provincial Directorate of Environment and submitted to the complaint file. If noise is detected above the decibel limits set out in the regulation; for example, if a dog is barking very loudly above a certain decibel and creating noise pollution, then eviction proceedings are initiated.
As clearly stipulated in Article 737 of the Turkish Civil Code, titled "Neighborhood Rights";
TCC Article 737: Everyone is obliged to avoid excessive interference that would adversely affect their neighbors while exercising the powers arising from immovable property ownership and, in particular, while conducting business operations. In particular, it is prohibited to cause disturbance by emitting smoke, vapor, soot, dust, odor, or by creating noise or vibration that exceeds the degree that can be tolerated by neighbors according to the situation, nature, and local customs of the immovable property. Rights regarding compensation arising from unavoidable interference in accordance with local customs are reserved.
The owner or the occupant of the property is obliged to refrain from events and behaviors that will harm their neighbor. Due to the use of common areas, residents living together have a duty to fulfill their obligation of care towards one another. Furthermore, neighbors who keep pets in their homes should monitor the situation carefully so that other neighbors are not disturbed by the sounds made by these animals. In some properties, flat owners make joint decisions to prohibit keeping animals in the apartment. In areas where common living spaces are prevalent, rules are determined by the majority vote of the flat owners. Every property owner or occupant should behave towards their neighbors within the framework of tolerance and good faith, and it is expected that they show tolerance for possible sounds to neighbors who keep animals.
ATTORNEY GİZEM GONCE