Mother has to vacate the apartment – ​​“Judgment is absolute impudence”

A woman has to move out of her apartment in Vienna with her two children. Older neighbors complained about the noise – with success. The 27-year-old is left with nothing.

Vienna – When children play, things can sometimes get loud. In an apartment building, your nerves can quickly become frayed. Not every neighbor understands this. A young mother (27) has to move out of Vienna (Austria) with her two sons. The single parent has to vacate her apartment and her offspring because of children’s noise. That’s what a court wants.

Children too loud – mother has to vacate her apartment

How heute.at Reportedly, an elderly couple who have lived near the noise-free apartment for 30 years complained. According to the lawsuit, the two children are said to have attracted attention around the clock by playing soccer and making “unbearable noise.” The neighbors also cited health consequences of the noise, such as heart palpitations and stomach pain. On top of that, the mother is said to have threatened the neighbors.

After the lawsuit was filed in October 2022, the young mother did not change her behavior, the court found. Particularly bitter from the perspective of single parents: the Viennese woman now has to vacate the apartment within 14 days and pay the costs of the procedure amounting to over 5,300 euros.

“Judgment is absolute impudence” – young Viennese woman stunned by forced eviction

“The verdict is an absolute outrage, how can you take such action against two small children? Why can’t my sons grow up normally and be children?” said the Viennese woman heute.at. It is completely normal for children of that age to be loud and make noise. “Now you can’t even be quiet 24 hours a day.”

The mother of two sees herself in a hopeless situation. She has no way of finding a new apartment or somewhere else to stay with her children. Her sons would be completely torn from everyday life and would have to change schools and kindergartens – and that too before Christmas.

While there is no comparable federal law in Austria, in Germany children’s noise in other tenants’ apartments must first be accepted. The The Federal Court of Justice (BHG) recently dealt with the issue of children’s noise in 2021 deals with “age-appropriate, usual child behavior”. But there are also limits to tolerance. (ml)