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If the tenant feels that he has been disturbed by noise pollution, he can first report to the landlord and let the landlord come forward to coordinate and solve the problem, and the landlord shall stop the environmental noise pollution in the management area and report to the supervision and management department of environmental noise pollution prevention and control in a timely manner. If the landlord's communication and coordination fails, the guest can also call 12020 to file a complaint with the environmental protection department.
Legal analysisNoise nuisance is an illegal act defined by the consequences of behavior, as long as the noise disturbs the normal life of citizens, it is an illegal fact that noise disturbs the people. Noise disturbance can be dealt with by the police, and if it is found to be true after investigation, the public security organ will warn the noise maker or give a fine of more than 200 yuan but not more than 500 yuan. A volume of more than 45 decibels at night is considered noise.
The property company should standardize the management of the community in the actual operation process of the façade, especially the standardized management of parking and noise, etc., and should set up a time period to prohibit the noisy and easily congested large trucks during the period that affects the owner's rest and travel, so that the operation of the façade does not affect the normal life of the residential owners in the community. The law stipulates that no unit or individual shall use a loudspeaker in an area where noise-sensitive buildings are concentrated in urban areas. If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with.
When using household appliances, musical instruments or other indoor recreational activities at home, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to the surrounding residents.
Legal basisPublic Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating noise that interferes with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
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will be subject to public security penalties. Article 58 of the Law on Public Security Administration Penalties stipulates that anyone who violates the law on the prevention and control of noise pollution in social life and makes noise that interferes with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
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Legal Analysis: If the tenant is only a nuisance, but has not committed a criminal act, the landlord will not be liable, and the tenant who disturbs the people will be held responsible. If the tenant disturbs the people very seriously, it is recommended to report to the police and give the other party a punishment.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 57 Where a house lessor rents out a house to a person without identity documents, or fails to register the name of the tenant, the type and number of the identity document in accordance with the regulations, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed. Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.
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If the upstairs tenant is too noisy, the landlord is also responsible. If the sound has reached the level of disturbing the people or violating the crime, and the landlord knows it but does not stop it and report it to the public security organ, he needs to bear legal responsibility.
In any of the following circumstances, if the leased property cannot be used due to reasons attributable to the lessee, the lessee may terminate the contract:
1) The leased property is sealed or seized by the judicial or administrative organs in accordance with law;
2) The ownership of the leased property is disputed;
3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.
Legal basisArticle 57 of the Law of the People's Republic of China on Public Security Administration Punishments Where a house lessor clearly knows that the tenant is using the rental house to carry out criminal activities, but fails to report it to the public security organ, he shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.
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Legal Analysis: Will be subject to public security penalties. Article 58 of the Law on Public Security Administration Penalties stipulates that anyone who violates the law on the prevention and control of noise pollution in social life and makes noise that interferes with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
Legal basis: The People's Republic of China Law on Public Security Administration Punishments" Article 5 Lu Shen 18 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others shall be given a warning; If they do not make corrections after being warned, they shall be fined not more than 200 yuan and 500 yuan.
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Legal Analysis: Will be subject to public security penalties. Article 58 of the Law on Public Security Administration Penalties stipulates that anyone who violates the law on the prevention and control of noise pollution in social life and makes noise that interferes with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution from social life and is disturbed by causing noise to interfere with the normal life of others shall be given a warning; If they do not make corrections after being warned, they shall be fined not less than 200 yuan but not more than 500 yuan.
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Tenants are not liable for disturbances, and landlords are not responsible. If the tenant is only a nuisance, but has not committed a criminal act, the landlord will not be liable, and the tenant who disturbs the people will be held responsible. If the tenant disturbs the people very seriously, it is recommended to report to the police and give the other party a punishment.
If the landlord does not deal with it in a timely manner, it will affect the relationship between himself and other owners, and in serious cases, he may also bear some civil liability. Therefore, when a tenant is found to be disturbing the people, it should take the initiative to contact and communicate with the tenant to discourage the tenant's disturbing behavior. If the dissuasion fails, the tenant can be terminated according to the provisions of the rental contract, and the tenant will be required to move out and bear the liability for breach of contract.
The Public Security Administration Punishment Law of the People's Republic of China carries lead
Article 57 Where a house lessor rents out a house to a person who does not have identity documents, or fails to register the name of the tenant, the type and number of the identity document in accordance with the regulations, he shall be fined not less than 200 yuan but not more than 500 yuan. Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, he shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.
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It depends. If the tenant is only a nuisance, but does not commit a criminal act, the landlord will not be held liable, and the tenant who disturbs the people will be held liable. If the tenant disturbs the people very seriously, it is recommended to report to the police and give the other party a punishment.
If the landlord does not deal with it in a timely manner, it will affect the relationship between himself and other owners, and in serious cases, he may bear some civil liability. Therefore, when a tenant is found to be nuisance, it is necessary to take the initiative to contact the tenant to discourage the tenant's disturbing behavior. If the dissuasion fails, the tenant can terminate the lease contract according to the provisions of the rental contract, and require the tenant to move out late and bear the liability for breach of contract.
When renting out a house, it is necessary to examine the moral character and work of the tenant, and should be cautious about renting out tenants who are engaged in special occupations, especially those who return late, and resolutely do not rent tenants with bad conduct. When signing the rental contract, clearly state the number of tenants to avoid the house becoming a boarding house and noisy people. If the house is rented for business purposes, it should be required to apply for relevant certificates in accordance with the regulations of the industrial and commercial administration.
In addition, the relevant liability for breach of contract should be indicated in the rental contract, for example, if it is confirmed that the tenant has disturbed the people, the landlord has the right to terminate the rental contract, and the liability for breach of contract shall be borne by the tenant, so as to restrain the tenant's behavior to a large extent.
Tenants must be cautious when renting a house, do not make loud noises, do not make noise, and work on time, so as to leave a good impression on the landlord and neighbors, and maintain a good relationship with the neighbors. If the sound insulation effect of the house is not good, you can carry out a simple sound insulation transformation of the house, pave carpets, install sound insulation wallpaper, etc. When the relevant landlord finds that the tenant is disturbing the people, communicate and dissuade it in a timely manner, and do not take retaliatory measures.
If the tenant interferes with the normal life of others due to making noise, a warning shall be given; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
Legal basis: Article 57 of the Law on Public Security Administration Punishments.
If the house lessor rents the house to a person who does not have an identity document to live in, or fails to register the name of the tenant and the type and number of the identity document in accordance with the regulations, he shall be fined not less than 200 yuan but not more than 500 yuan. Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.