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Abusive WG neighbour

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Hi all,

 

I live in a Wohngemeinschaft (WG) / shared flats. I had complained about a neighbor to House administration team in July 2021.  I am now encountering alot of words abusal and even 2 times, physical abuse from the same neighbor. I tried to get help from Hausmeister but He said he cannot help. 

 

A constant , words and actions abusal from this neighbor ,  mentally disturbs me alot. The neighbor guy  said to me that I have no evidence  to prove anything against him and there is nothing can be done against him . 

 

Now what are the legal options before me ? 

 

Thanks 

 

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12 minutes ago, b@l@ji24 said:

I had complained about a neighbor to House administration team in July 2021.  I am now encountering alot of words abusal and even 2 times, physical abuse from the same neighbor.

 

It looks like the house admin had a word with said neighbor.

 

Complain again.

 

Have your phone set to video when you come and go from the house or wherever the abuse takes place.

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36 minutes ago, fraufruit said:

Complain again

Thanks for your reply.   I have done it but He (hausmeister )  keeps silent lately. No reply to my request/complain emails. 

 

37 minutes ago, fraufruit said:

Have your phone set to video when you come and go from the house or wherever the abuse takes place.

 

I was informed recording in germany might end up as a trouble against me.   Can you briefly say , how recording would be acceptable/ legal ? 

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I found this:

 

Quote

Private Videos können im Rahmen der Beweiserhebung verwertet werden


Die Frage, ob Videos grundsätzlich vor einem deutschen Gericht  verwertet werden können ist eine Frage des Einzelfalls. Die Beantwortung der Frage hat anhand einer Interessenabwägung der beteiligten Personen stattzufinden. Dabei sind die Persönlichkeitsrechte der aufgezeichneten Person gegen das Verwertungsinteresse des Filmenden abzuwägen. Hier hat das AG München dem Verwertungsinteresse den Vorrang eingeräumt, sodass das Video zu Beweiszwecken zugelassen wurde. Die in Rede stehenden Videos seien nicht verboten und sozial anerkannt. Es sei offenkundig, dass er in der Öffentlichkeit zufällig auf solche Bilder geraten könnte. Da die abgebildete Person dem Fotografen für gewöhnlich nicht bekannt sei und dieser damit auch keine näheren Absichten gegenüber der abgebildeten Person verfolge, bleibe die abgebildete Person anonym und sei damit allein durch die Tatsache, dass die Aufnahme erstellt wurde auch nicht in ihren Rechten betroffen. Einen Eingriff in die verfassungsrechtlich geschützten Grundrechte kann in derart gelagerten Fällen nur dann vorliegen, wenn eine solche zufällige Aufnahme gegen den Willen der abgebildeten Person veröffentlicht werde.

Quote

Googletrans:

Private videos can be used as part of the gathering of evidence


The question of whether videos can generally be used before a German court is a question of the individual case. The answer to the question must be based on a weighing up of the interests of the people involved. The personal rights of the recorded person must be weighed against the exploitation interest of the film maker. Here, the AG Munich gave priority to the interest in exploitation, so that the video was approved for evidence purposes. The videos in question are not banned and socially recognized. It is obvious that he could accidentally come across such pictures in public. Since the person depicted is usually not known to the photographer and the photographer therefore has no further intentions towards the person depicted, the person depicted remains anonymous and is therefore not affected in their rights simply by the fact that the photograph was taken. In such cases, there can only be an encroachment on constitutionally protected fundamental rights if such a random recording is published against the will of the person depicted.

https://www.wbs-law.de/allgemein/die-verwertung-von-privaten-videoaufnahmen-vor-deutschen-gerichten-15570/#:~:text=Grundrechten%20verletzt%20w%C3%BCrde.-,Private%20Videos%20k%C3%B6nnen%20im%20Rahmen%20der%20Beweiserhebung%20verwertet%20werden,ist%20eine%20Frage%20des%20Einzelfalls.&text=Hier%20hat%20das%20AG%20M%C3%BCnchen,Video%20zu%20Beweiszwecken%20zugelassen%20wurde.

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7 minutes ago, b@l@ji24 said:

I have done it but He (hausmeister )  keeps silent lately.

 

You said you reported to the house admin (Hausverwaltung) and then the Hausmeister. To whom do you pay your rent?

 

By the way, call the police when you are physically attacked always.

 

I'm not a lawyer but if someone is harassing/attacking you, one would think recording it would be OK in the moment. Perhaps others will respond to the legality of it.

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Keep a log of what happened when. Take it to the police and file a complaint. 

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Go to the police and tell the Hausverwaltung. The Hausmeister is in essence the janitor and can't do anything legally or otherwise. Get your German flatmates to back you up.

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I was attacked unprovoked by a drunken stranger in a park in broad daylight. I guess he was very drunk, but it was near a weir, I thought he wanted to throw me in. Called the cops, they came after a while, promised to have words with him, that is: do nothing really.

 

Such incidents may be rare, but it further reduced my opinion of the Polizei (we do nothing, and talk about it).

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4 hours ago, fraufruit said:

 

You said you reported to the house admin (Hausverwaltung) and then the Hausmeister. To whom do you pay your rent?

 

By the way, call the police when you are physically attacked always.

 

I'm not a lawyer but if someone is harassing/attacking you, one would think recording it would be OK in the moment. Perhaps others will respond to the legality of it.

Agree. If I saw a violent crime occurring, I would take out my SmartPhone and film it if I felt physically unable to go between. The law can then decide if I were violating someone's private sphere or trying to be a good citizen within my restricted physical limits.

 

In my defence, I would say Steve Seagal wasn't around to help me with my choice of action!

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19 minutes ago, Fietsrad said:

I was attacked unprovoked by a drunken stranger in a park in broad daylight. I guess he was very drunk, but it was near a weir, I thought he wanted to throw me in. Called the cops, they came after a while, promised to have words with him, that is: do nothing really.

 

Such incidents may be rare, but it further reduced my opinion of the Polizei (we do nothing, and talk about it).

 

Talking to someone can help.  I know someone who was threatened by his landlord.  The police absolutely were not interested in taking a report and he ended up filing online.  They called him in for an interview a week or two later and then they must have had words with the landlord and they were probably harsh words because the landlord started avoiding him completely.  Didn't even look in his direction if they came across each other outside.

 

However, I doubt that having a word will help with a drunk guy.

 

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19 hours ago, fraufruit said:

You said you reported to the house admin (Hausverwaltung) and then the Hausmeister. To whom do you pay your rent?

 

Hausverwaltung 

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17 hours ago, optimista said:

Keep a log of what happened when. Take it to the police and file a complaint. 

Thank you  i already have the log , via emails to the house administration team.  

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17 hours ago, mako1 said:

Go to the police and tell the Hausverwaltung. The Hausmeister is in essence the janitor and can't do anything legally or otherwise. Get your German flatmates to back you up.

Unfortunately,  the neighbor messes with me when no one around or he tags with his friend . 

 

Initially,  the guy creating problem already had issues with other flatmates and he was asked to vacate . But , I do not know what happened in the background,  He still stays ..

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17 hours ago, catjones said:

Is this guy only attacking you and no one else?  If so, why do you think that is?

 There is also a friend of him. But mostly , its him.  

 

Reason :  as i mentioned , in July 2021, i complained about him to the House administration on the basis "keeping the public area of the WG untidy and he punched me in chest , after an argument from.him ,  when i asked him to observe clealiness ".  It all started there

 

 

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5 hours ago, b@l@ji24 said:

 i complained about him to the House administration on the basis "keeping the public area of the WG untidy and he punched me in chest.

 

 

You should have filed a Körperverletzung with the Police as soon as he laid a finger on you.

He is pretty much intimidating you, without having to face the music.

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5 hours ago, b@l@ji24 said:

 There is also a friend of him. But mostly , its him.  

 

Reason :  as i mentioned , in July 2021, i complained about him to the House administration on the basis "keeping the public area of the WG untidy and he punched me in chest , after an argument from.him ,  when i asked him to observe clealiness ".  It all started there

 

 

That went too far.  I guess you didn't file a police complaint. If you had it done , then you would have got much better help from police this time. 

Involve police or may be move. If getting punched did not make you respond to him, you are too peaceful and this may not be the place to live for you.

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If the harassment continues you could use technology to get solid evidence, and get them punished. That might solve the situation, or not, it could escalate again later.

 

If you can move easily it might be worth doing that.

 

Is alcohol involved? 

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1 hour ago, Lahwf said:

You should have filed a Körperverletzung with the Police as soon as he laid a finger on you.

 

Not too late, surely ? Especially as the harassment has continued.

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