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Is there really no solution to the noise from upstairs?
2025-11-26
The upstairs neighbors often stay up until 1 or 2 AM, walking around and making a lot of noise downstairs, though we won't go into detail about the footsteps. Heavy objects frequently fall from upstairs, like a hammer dropping from a height-it's incredibly loud! Faced with this complex and sensitive neighborhood dispute, we recommend a step-by-step, rational approach, seeking a solution while prioritizing your own safety. Here are some specific suggestions:
I. Emergency Safety Measures
1. Install monitoring equipment
Install a video doorbell or camera at the entrance (portable devices are also acceptable even in older neighborhoods) to record harassing behavior and serve as a deterrent. If the other party bangs on the door at night, this will provide evidence.
2. Noise prevention measures
- Prepare noise-canceling earplugs or white noise machines (such as fan sounds or rain sounds) for the elderly to alleviate the impact of sudden noise on their heart.
- Soundproofing the ceiling by applying soundproofing felt, installing a joist, filling it with soundproofing cotton, and covering it with plasterboard can reduce noise from upstairs.
II. Evidence Collection and Legal Approach
1. Systematic audio and video recording
- Record daily abnormal noises (time, type), with a focus on recording sounds such as heavy objects falling or deliberately hitting the floor. Mobile phone recordings must include timestamps.
- Save all communication records (such as recordings of conversations during in-person negotiations and telephone records).
2. Join forces with other neighbors
Older residential areas often have poor sound insulation, and noise may affect multiple households. Ask your neighbors or downstairs neighbors if they are also experiencing disturbances. If multiple people can corroborate this, you can jointly report the issue to the community or the police.
3. Formal legal means
- Submit a written complaint to the neighborhood committee/subdistrict office (even without property management, old residential areas are still under community management) and request mediation.
- Police intervention: If the other party deliberately makes noise or bangs on the door late at night, call the police immediately (according to Article 58 of the Public Security Administration Punishment Law, noise pollution can be punished with a warning or fine). Multiple police reports will be recorded and may pave the way for subsequent litigation.
- File a lawsuit in court to dispute neighboring rights (must provide noise testing reports, witness testimonies, etc.), demanding cessation of infringement and compensation.
III. Strategies to Avoid Escalating Conflicts
1. Cease direct confrontation
Avoid actions like banging on the ceiling or hurling insults; these interactions can be exploited by the other party, who may accuse you of provocation. Maintain a cold and indifferent attitude and do not respond to provocations.
2. Indirect communication methods
If further communication is needed, a written request can be conveyed through the neighborhood committee (to avoid direct contact), or a formal letter can be sent (with proof of mailing kept).
3. Risk warning for building vibration devices
Using a building-shaking device may be illegal and could easily provoke malicious retaliation. It is especially not recommended if the target is unemployed or has an extreme personality.
IV. Long-term solutions
1. Apply for government assistance
If you have an elderly family member with illness and are experiencing financial difficulties, you can consult your community or civil affairs department about temporary resettlement subsidies or assistance in applying for public rental housing.
2. Psychological adjustment
Noise sensitivity requires timely intervention:
- Increase outdoor activities during the day and reduce excessive attention to noise.
- Consider short-term psychological counseling (free services are available in some communities).
V. Contingency Plan for Retaliation
1. Clearly warn the other party
If threatened again, you can inform them in writing (through the neighborhood committee or police): "If our personnel or property are harmed, we will immediately report it to the police and pursue legal action." Have the police file a record of their potential violent tendencies.
2. Emergency Contact Settings
Set the local police station's phone number as a speed dial and inform your neighbors or relatives to call the police if they hear any unusual noises from your home.
Key points summary:
- Evidence is king: All actions must be based on preserving evidence in order for legal channels to be effective.
- Safety first: Avoid physical or verbal conflicts with the other party, especially avoid provoking those who have no moral bottom line.
- Leveraging third parties: Applying pressure through authoritative institutions such as neighborhood committees, police, and courts is safer and more effective than individual confrontation.
These disputes often drag on, so staying calm and patient is crucial. Your ultimate goal isn't to "win over the upstairs neighbor," but to create a relatively safe living environment for your family.
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