The noise from the neighbors upstairs disturbed people. Can I sue?

The noise of the neighbors upstairs can really be solved through civil litigation. In China, noise disturbing people is regarded as a kind of civil tort, which is protected by People's Republic of China (PRC) Environmental Noise Pollution Prevention Law and other relevant laws and regulations. The following are some detailed explanations about noise nuisance litigation:

According to the law, according to Article 61 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution, units and individuals who are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; If losses are caused, compensation shall be made according to law. Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection or other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution at the request of the parties concerned; If mediation fails, the parties may bring a lawsuit to the people's court.

Litigation conditions: The following conditions must be met to sue neighbors for noise nuisance: (1) The plaintiff is a citizen, legal person and other organization with direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Obtaining evidence: In the course of litigation, it is very important to prove the fact and degree that neighbors' noise disturbs people. The following evidence can be collected: (1) audio recording or video recording: the noise disturbing the people is recorded for playing in court; (2) written materials or witness testimony that neighbors admit that noise disturbs people; (3) The noise test report issued by professional testing institutions proves that the noise exceeds the standard.

Litigation request: In the indictment, the following litigation requests can be made: (1) Stop disturbing the people by noise; (2) restitution, such as repairing sound insulation facilities; (3) Compensation for losses caused by noise disturbance, such as mental damage and medical expenses; (4) bear the litigation costs.

Priority negotiation: Although litigation is one of the means to solve the problem of noise disturbing people, the preferred method is still negotiation. The two sides can seek the best solution to the problem through friendly consultation. If negotiation fails, then consider litigation.

Solution example:

Communicate with neighbors: When encountering noise problems, first try to communicate with neighbors, express their troubles and seek solutions.

Mediation organization: If both parties fail to reach an agreement, they may apply to the People's Mediation Committee for mediation.

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Property management company: contact the property management company to reflect the noise problem and seek its assistance to solve it.

Complaint reporting: Call the complaint telephone numbers of relevant departments such as Environmental Protection Bureau and Urban Management Bureau to report noise disturbing people.

Litigation: after trying the above methods without results, we can consider solving it through civil litigation.

In a word, if you encounter the problem of noise disturbing people from upstairs neighbors, try to solve it through consultation first, and then consider litigation. In the process of litigation, we should fully prepare the evidence, clarify the litigation request and strive for our legitimate rights and interests. At the same time, we should also pay attention to the cost and time of litigation, weigh the pros and cons, and make wise choices.