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Loud sex becoming a nuisance? Tips to avoid your neighbors complaining about noise

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Can you do something about loud sex noises? They are at it again?!? That’s what you might think of your neighbors or what they might think of you! Find out what the sex noise rules in Germany are.

Loud sex noise in Germany: Find out what you or neighbors should pay attention to so that the fun in your own love nest does not degenerate into a neighborhood fight. Because even during sex, mutual consideration for the neighbors applies. Enjoy loud sex with the neighbors consent!

Can you get fined in Germany for loud sex noise?

Yes. There are sanctions in Germany for noise nuisance caused by sex.

Offence Sanction
Silence at night or rest periods on Sundays and public holidays disregarded
Fine of up to € 5,000
Contractually agreed rest periods or midday rest disregarded
Warning from the landlord
Contractually agreed rest periods or midday rest repeatedly disregarded
Termination by the landlord

Frequently Asked Questions about loud sex noise in Germany

Do I have to put up with the loud sex noises my neighbors make?

Usually, the time to sleep is between 10 p.m. and 6 a.m. The room volume must be maintained during this period. If neighbors do not adhere to it, too loud sex can also be a noise nuisance.

What can I do about the noise nuisance caused by sex?

Even though it’s a bit weird, you should first talk to your neighbors. If this is unsuccessful, the landlord can be the next point of contact. If the disturbance of the peace is particularly loud, the police can also be called, because an unreasonable disturbance of the peace is considered an administrative offense

Let’s talk about sex, in Germany

We are humans and we will always have loud sex. You live in Germany not the jungle – someone will eventually hear you! Unwillingly! Loud noise from sex can be quite uncomfortable and stressful.

The nocturnal hustle and bustle of lovers may initially be amusing for the neighborhood. At some point it becomes a nuisance when sleep or rest can no longer be thought of .

Below are some basics you might want to adhre to as an Expat in Germany when it comes to your bedroom antics.

When are loud sex noises considered a disturbance of the peace in Germany?

loud sex

It sounds like an episode of Jerry Springer, but you might find yourself in court in Germany accused of disturbing the peace while having sex. To avoid such costly disputes, the following rules should be followed:

Quiet applies between 10 p.m. and 6 a.m. During this time, the room volume must always be kept, whether listening to music, partying or having sex.

Room volume means that all associated noises must not be heard by the neighbors, or only very insignificantly. When assessing whether this volume is maintained, it is not a matter of your own subjective sensitivity, but of the perception of a reasonable roommate.

Tenants must adhere to the house rules. Here, the landlord usually stipulates volume regulations. On the one hand, this results in certain rest periods, on the other hand, the use of certain devices and certain activities can be restricted at certain times.

What can you do in Germany if the loud sex noises are coming from your neighbors?

loud sex

If the loud sex occurs during the day, you can control it with music. You can of course also use the noises of the neighbors as an opportunity to get active yourself.

Even if you are a little embarrassed, if you feel disturbed by your neighbour’s sex noises, speak to him about it. Most problems are easiest to solve with a little humor and serenity. Be polite and friendly when doing this.

If the clarifying discussion with the neighbor does not provide a solution, those affected can also contact their landlord. Unreasonable noise pollution and disturbances of the peace represent a lack of rent. You have a right to the landlord ensuring that the noise caused by sex stops. This obligation arises directly from the rental agreement.

If disturbances of the peace become so loud that the tenant’s health is endangered, the tenant may terminate the apartment without notice (Section 569 (1) of the German Civil Code (BGB)).

If you want to take legal action against noise nuisance caused by sex sounds, there is one thing to keep in mind:

Anyone who makes a particular claim must prove the facts that justify that claim.

In other words, you need to be able to substantiate and prove the sexual noise nuisance from your neighbor. For this it is advisable to create a noise log.

What about loud sex on the balcony? – It’s still unacceptable to your German neighbors

What applies to the interior of the apartment also applies to the terrace or balcony. In 2018, the Bremen Higher Administrative Court (file number 2 B 174/18) had to decide whether loud sex on a balcony (in this specific case in a whirlpool installed on the balcony) constitutes a public nuisance or disturbance of the peace. The court answered in the affirmative. Since the defendant was a candidate for the police service and he was charged with other offenses, he was dismissed from the service due to unsuitable character.

What goes into a sex noise log in Germany?

You can also find it very embarrassing to call the police directly about something like this. Laughs are definitely inevitable here.

In case the dispute with your neighbor over loud sex escalates, it is advisable to create a noise log with the following content:

  • Start and end of the noise: date and time
  • Description of the disturbance of the peace including information on the volume
  • Effects of noise, such as B. Insomnia
  • Possible witnesses

In the event of particularly severe disturbances or in urgent cases, affected tenants can also call the police. Unreasonable disturbances of the peace of any kind are considered an administrative offense, which can also result in a fine.

Other question regarding loud sex noises in Germany

What about loud sex on the balcony? – It’s still unacceptable to your German neighbors

What applies to the interior of the apartment also applies to the terrace or balcony. In 2018, the Bremen Higher Administrative Court ( file number 2 B 174/18 ) had to decide whether loud sex on a balcony (in this specific case in a whirlpool installed on the balcony) constitutes a public nuisance or disturbance of the peace. The court answered in the affirmative. Since the defendant was a candidate for the police service and he was charged with other offenses, he was dismissed from the service due to unsuitable character.

The noise is come from the love swing in the apartment! Does that count as loud sex noise?

Yes:
Sometimes courts also have to deal with somewhat curious facts. 
The Munich Regional Court (file number 417 C 17705/13) had to deal with a bizarre case in 2014. A tenant used a love swing in his apartment, which was also used at night. The tenant’s neighbors not only couldn’t sleep because of the noise during sex, but were also kept awake by the loud squeaking of the love swing.

After corresponding complaints from the neighbors, the landlady warned the tenant several times about disturbing the night’s rest. 

When this had no effect, he was given notice. because he ignored them and did not move out, the landlady filed an eviction action, which was upheld by the Munich District Court.


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