Our Legal experts Questions from readers on the topics of housing, property, rent and neighborhood. These are sensitive topics, from utility bills to rental contracts, from neighborhood conflicts to renovation measures.
Deadline: Our KURIER residential telephone is available to you every second Monday.
The next date is on 16. September 2024from 10 a.m. to 11 a.m. Call 05 9030 22337 or send your question by email to immo@kurier.at.
This time we received a question about the behavior of tenants and burglary protection.
QUESTION: We have a new dog in our neighborhood that barks a lot during the day, but also at night, sometimes at two or three in the morning, he starts barking and I wake up.
The dog spends most of its time in the front yard, even at night. Can you defend yourself against the noise and how should you proceed?
This time, lawyer Georg Röhsner from Eversheds Sutherland Rechtsanwälte provided information on the residential telephone. He has the following legal answer:
ANSWER: Dog barking is a form of noise pollution. Action can be taken against this if it exceeds the usual level in the area. In rural areas in particular, occasional dog barking is probably considered normal, which is why there is little that can be done legally here.
However, if the noise reaches extreme levels, an injunction could be taken against the dog owner.
However, in such cases it makes more sense to talk to the neighbours concerned beforehand.
In this way, an attempt can be made to reach an amicable solution before thinking about filing a lawsuit and seeking justice through contentious means.
