Can neighbors directly sue the property if they disturb the people in the middle of the night?

First of all, the noise from neighbors disturbs people. Can't we just sue for rights protection?

Yes, you can.

If a neighbor disturbs the people and refuses to change, affecting normal life, he may bring a lawsuit to the people's court.

Article 58 of the Public Security Administration Punishment Law shall be given a warning if it violates the legal provisions on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.

Second, the way to deal with neighbors' noise disturbing people

1, negotiation and mediation

Usually, the noise of neighbors is mostly life noise, such as dogs and cats barking, singing in the middle of the night, playing sparrows and so on. At this time, negotiate with neighbors in a friendly way and explain the situation. When neighbors realize the problem, they will pay attention to reducing the noise. After all, being convenient to others means being convenient to yourself.

If the noise of the neighbors still exists after the exchange, the victim can call the police and the police will intervene.

According to the provisions of the Law on the Prevention and Control of Environmental Noise Pollution and the Law on Public Security Administration Punishment, when using household appliances, musical instruments or other indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to surrounding residents. Those who do not take measures according to regulations and make noise will be warned by the police, and those who do not correct after warning will be fined from 200 yuan to 500 yuan.

In other words, the police should deal with the noise from neighbors. In case the neighbor's noise disturbs the people, if it can't be stopped, just call the police directly.

Of course, for the sake of maintaining the relationship between neighbors and other factors, if the noise from neighbors disturbs people and the two sides fail to negotiate, they can mediate through property management or neighborhood committees first, instead of calling the police directly. If the neighbors repeatedly persuade, they will call the police decisively.

2. Court proceedings

In practice, some neighbors just go their own way and make noise, which seriously affects the rest and health of others. At this time, the victim can collect evidence and bring a lawsuit to the court, asking the neighbors to stop making noise and compensate for the losses.

Litigation is evidence. According to the provisions of the Civil Code, the plaintiff (victim) in an environmental pollution case shall provide the following evidence:

1, the infringer (neighbor) committed the infringement of noise disturbing the people. For example, the complaint handling records and test data of environmental protection bureau and urban management can be used as evidence to prove the existence of disturbing people; Noise live video, etc.

2. The fact that the victim suffered damage. Such as the detailed medical report of the victim's diagnosis in the hospital.

3. There is a causal relationship between the tort and the fact of damage. For example, the distance, the cause of the disease and so on. But this often needs to be determined by logical judgment based on the evidence of the whole case.