Question from a reader:
I am very concerned about the noise from the upper floor. When I consulted a lawyer, I was told that since there are two people living there, it would be difficult to prove who is making the noise. Additionally, since there are two units on the upper floor of a three-story building, it was also said that
it would be hard to establish which unit is causing the noise, and that I have a high chance of losing. Is what the lawyer said correct? I worry that they might be dismissing my case because the stakes are low or because there is little chance of success. What do you think?

How to Tackle Noise Issues from the Upper Floor

Noise issues can be a significant source of distress for those living in apartments or condominiums. Particularly, when noise from the upper floor becomes a concern, it can greatly diminish one’s quality of life. In such cases, a legal approach may be necessary. However, I understand the anxiety that comes from receiving advice from a lawyer. This time, let’s think about noise issues together.

Investigating the Validity of the Lawyer’s Opinion

First, I would like to consider the advice given to the inquirer by the lawyer. The point that “it is difficult to prove who is making the noise since there are two people living there” is indeed a common issue. Identifying the source of noise can be challenging both legally and psychologically. For example, determining which of the two residents on the upper floor is making the noise is not an easy task. I have also heard stories from friends about noise troubles. One of my friends lived in an apartment and was troubled by noise from the upper floor. Initially, he thought he could tolerate it, but over time, the stress built up. In the midst of this, he consulted a lawyer, who explained that it was difficult to identify the situation of the family living above and the source of the noise. Ultimately, the lawyer’s conclusion was, “Perhaps you could observe the situation and, if necessary, try talking to them directly.”

The Difficulty of Proof and the Importance of Establishing Evidence

Now, regarding the difficulty of proof, this is a very important theme in actual judicial procedures. In civil litigation, the burden of proof lies with the plaintiff. In other words, it is up to you to prove who is making the noise. This is a very tough situation from a legal standpoint. However, that doesn’t mean you should give up. First, it is crucial to keep thorough records of the noise occurrences. Noting the date, type of noise, and level of stress experienced can be helpful later on. My friend recorded the dates when the noise occurred and even made audio recordings, which he later used as negotiation material with the other party.

Legal Measures and Their Limitations

One reason the lawyer said, “there is a high chance of losing,” is due to insufficient evidence. Indeed, when there are two residents on the upper floor, it is difficult to identify who is making the noise. However, civil litigation is not the only option. Sometimes mediation or direct discussions can be effective methods. In fact, my friend decided to speak directly with the residents above to resolve the noise issue. Although he was initially nervous, the other party understood that the noise was a concern and began making efforts to improve the situation. By engaging in such communication, many cases can be resolved without resorting to legal measures.

An Emotional Approach to Noise Issues

Now, noise issues have significant psychological impacts as well, not just legal ones. Stress and anxiety can rise, adversely affecting overall quality of life. We tend to become sensitive to our surrounding environment. When noise from the upper floor is bothersome, our attention naturally shifts there. If this continues, it can harm our mental health. From my friend’s experience, I felt that directly addressing the issue with the other party can sometimes lighten the emotional burden. The other person is human too and may be making loud noises unconsciously. If both parties can understand each other and work together to resolve the issue, there may be no need for legal action, thus reducing psychological stress.

Persisting in Seeking Solutions

I understand the inquirer’s concern that “they might be dismissing my case because the stakes are low or because there is little chance of success.” Indeed, cost-effectiveness is very important in legal procedures. However, noise issues are not just a financial matter; they directly relate to the quality of life. That’s why it’s essential to take proper measures. First, as mentioned above, keeping records and gathering necessary evidence is the first step. It is also important to attempt communication with the other party and seek understanding. Depending on the situation, consulting with the management company or landlord should also be considered.

Have the Courage to Take Action

Of course, taking action requires courage. It is not easy to take that first step, but sometimes it is necessary to raise your voice to protect your life. Noise issues often worsen if left unaddressed. Please remember that early intervention can lead to better outcomes. Finally, I do not intend to outright dismiss the lawyer’s advice. However, I want you to understand that legal measures are not the only solution. Psychological approaches and communication are also very important for problem-solving. I hope you value your own life and choose appropriate means to overcome the issue.