Troubles with upstairs tenet: Drilling into my roof

7 posts in this topic

Hello,

 

I had been experiencing some problems with my upstairs' neighbor for the last 3 months.
Things had escalated to a weird and dangerous territory, where I am afraid for my health and life.

 

We had a minor conflict back in October, because he was spraying a copious amounts of an insecticide spray daily without opening windows. I am asthmatic, and in this weather, once a chemical enters air circulation in the home, it stays there till the next morning at least.
I tried talking to him but he kept avoiding me, I wrote a note on the house entrance (without naming anyone), he ripped it off. I wrote to landlord who wrote to him. That same day, he retributed by much more spraying, that he actually overloaded his smoke alarm, cutting down power of the whole block for 3 hours. and I had to visit ER at 2 am for sever asthma attack.

 

For the following months, he unleashed his revenge upon me:

* Asthma inducing scents and stenches ( even Onions!) all around the clock

* Noise ( bass- heavy music during the night, moving furniture and hammering after 22:00)

* Throwing littering and garbage over my windows when open, and my door step. at one point, he was putting his mattress over his window (cleaning it) 3 or 4 days a week for maybe a month, when he sees my windows open to air the apartment.

* I continued writing to the landlord, and the Ordnungsamt through this period

* Just before Christmas, he actually used a driller to drill 3 holes through his floor into my roof. I heard the noise but I didn't pay much attention until I found the debris on the floor. Three holes one in each corner covering the whole living area. (I kid you not! I know it is hard to believe, but i have been keeping records for each insult and I have pictures)

 

* Throughout the holidays ( and still), he used the new access he drilled to inflict  a grave harm upon me with asthma inducing sprays putting me in a perpetual and constant danger with no more than 2 hours of sleep per night ( by then I had been smelling weed and cigarettes; that's when I understood he was covering the smell with that insecticide, and why things escalated quickly)

* these drill holes ( and I suspect , his subsequent attempt to fix them during the holidays ) had led to appearance of signs of moisture on the walls, with mold starting to grow around the damages, and of course all kinds of bugs (silverfish, bedbugs) in the apartment. there are multiple small crackings in the paint spreading from the corners.

* I had notified the landlord immediately by email. and as soon as the break ended, I sent a formal complaint letter to the company's address. House meister is supposed to visit this week to check the defects (exactly one month since the drilling)

* for someone with asthma, and with that level of determination to harm me, the apartment had became inhabitable for me. I have been spending most of my nights at a friend's place.

 

I hope someone would help me with few questions:

* What do you suggest I do next regarding the structural damage and mold ? mold is a pitfall that usually gets back to the tenant somehow, and if I manage to prove it was a direct result of his actions, the process would take quiet some time, meanwhile, my health is severly affected.
* regarding the unsanitary living conditions: Do they constitute enough reason for extraordinary termination of the tenancy contract ? (I only moved in at the first of October)

I hope you have peaceful nights, and please excuse the weirdness.

 

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 think you have reason to file criminal charges for mayhem, among other things. That will trigger an investigation by police.

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Get in touch with the Vermieter, the organisation you pay your rent to.

 

The neighbor may be contravening the Mietordnung, rules for residents.

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Sounds like you have a right nutter on your hands. This guy seems to have problems and you are not going to stop him by writing and leaving notes. Your Vermieter has to deal with this.

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You will likely need a lawyer. Take out Rechtschutz insurance immédiately if you have not already done so. And what FF said.

 

Horrible. I am sorry this arsehole is part of your life.

 

Not your job to fix the damage but in the immédiate short term I would buy a roll of masking tape and stick that over the holes and mold. Pragmatic and unprofessional maybe, but this will not resolve overnight. So while you are waiting...

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I'm curious as to how you know it is insecticide that he is constantly spraying. Have you seen him do it? There are many things that could irritate your asthma.

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