Question from a reader:
There is a family playing in the pool on their balcony from around 7 PM to 9 PM, and it is very noisy. I am particularly bothered by the cries and playful voices of their 2-year-old child, the deliberate shouts of a middle schooler, and the loud talking of the mother. When I step out onto my
balcony, I can even hear the content of their conversations, and even with the windows closed, I can still hear the shouting. When I consulted the management company, they said they could only issue a written warning, but when they previously warned that household about another matter, they were ignored. It seems that some people have reported it to the police, and the police have come about twice, but afterward, I heard voices saying things like, “The cops are here!” and “Let’s send a huge amount of McDonald’s to the one who reported us, cash on delivery!” So, I am considering a small claims lawsuit, but I would appreciate it if someone knowledgeable could tell me about the specific methods, costs, and the disadvantages in case of losing the case. I am afraid of retaliation, so I am not considering direct communication with them. Thank you.

Noise Issues in Apartments and the Option of Small Claims Lawsuits

Recently, I received a consultation from someone troubled by noise from a family playing in a pool on their apartment balcony. It seems that some are considering a small claims lawsuit in response. Today, I would like to delve a bit into the legal aspects and psychological perspectives of this issue.

The Root of Noise Problems

First, it is important to understand the background of noise problems. In apartment buildings and other multi-family residences, neighbors are close together, making it easy for sounds to carry. Therefore, it is natural to be sensitive to surrounding noise. The sounds of children playing and loud talking from parents can be emotionally burdensome. Even the innocent voices of children can become a source of stress when heard continuously. In fact, I have experienced this myself when I was sharing a house with friends at university, often troubled by loud music coming from the neighboring room. At first, I tolerated it, but gradually it became a source of stress and affected my relationship with my friends. Not only does it impact relationships, but it can also have negative effects on mental health.

Responses from Management Companies and Police

The person who asked the question consulted the management company but was told they could only issue a written warning. This is a common stance taken by many management companies, and due to the lack of legal enforcement, it often lacks effectiveness. A written warning is merely a nominal response and does not lead to a fundamental solution. Furthermore, it was mentioned that the police were called, but noise issues often lead to trouble. When the police arrived, it was psychologically unstable for the household to be shouting, “The cops are here!” Such situations can escalate neighborhood disputes, so it is necessary to act cautiously.

Considering Small Claims Lawsuits

Now, while I understand the reasons for considering a small claims lawsuit, it is important to have some specific knowledge beforehand. Small claims lawsuits are procedures that allow for relatively easy filing of lawsuits, usually concerning monetary claims of up to 600,000 yen. In the case of noise issues, it could involve claiming compensation for mental distress.

Specific Methods

To file a small claims lawsuit, you first need to submit a complaint to the court. The complaint should clearly state the nature of the noise, its impact, and the amount you wish to claim. By applying at the court’s window, you can receive the necessary documents and proceed with the proper procedures. Next, evidence is crucial during the lawsuit. For example, preparing recorded audio or photographs can be very effective. Keeping a record of the times and nature of the noise can provide legal backing.

About Costs

There are fees that need to be paid to the court for a small claims lawsuit. Typically, the fees are set according to the amount claimed, so the specific amount can vary. For instance, if you are claiming 600,000 yen, the fee would be around 10,000 yen. Additionally, if you hire a lawyer, their fees will also be necessary. However, it is also possible to handle the case yourself without a lawyer, which can help reduce costs. Nevertheless, due to the many legal terms involved, some may find it daunting to represent themselves in a lawsuit.

Disadvantages of Losing the Case

If you lose a small claims lawsuit, the most concerning disadvantage is the potential loss. First, the fees paid to the court will not be refunded. Additionally, there is a possibility of being counterclaimed by the other party. However, in small claims lawsuits, it is generally difficult for the opposing party to claim an amount exceeding what you are claiming, so the risk can be considered relatively low. Moreover, the psychological burden of losing cannot be overlooked. Neighborhood disputes are often emotionally charged, and losing could further worsen the relationship. This could increase psychological stress.

Considering Psychological Aspects

When contemplating a small claims lawsuit, it is crucial to consider not only the legal aspects but also the psychological ones. Being troubled by noise can accumulate stress and impact daily life. Psychologically, it is known that prolonged stress can affect physical health as well. Additionally, deteriorating relationships with neighbors could lead to feelings of isolation and anxiety within the community. Therefore, it is essential to carefully weigh the legal justice gained through litigation against the potential loss of human relationships.

Conclusion

Noise issues are complex problems that involve not only legal aspects but also psychological ones. When considering a small claims lawsuit, I hope you will value not only the legal procedures and risks but also your own mental health. Ultimately, it is important to think carefully about what you want to do and make the best choice. Neighborhood disputes are very delicate issues, and a single misstep can lead to irreparable consequences. Careful thought and cautious action are required. I, too, wish to address these issues while valuing relationships with my neighbors.