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The neighbor's air -conditioned aircraft is blowing hot air in the bedroom, and the negotiation has no fruitful prosecution!The court was sentenced

Author:Jiangsu News Time:2022.08.28

The air conditioner of the neighbor's house is facing the bedroom of his home

In the hot summer, the noise and calories generated by the device

It really makes people intolerable

This happened in Nantong

Local citizen Chen

Affected by the neighbor's home air -conditioning machine

I feel tormented, and after negotiation with my neighbors, it has no successful negotiation

Chen brought his neighbors to court

How will the court judge?

△ Video

The citizen of Nantong, Chen, lived on the first floor. The garage of neighbor Yang was located downstairs in Chen's house, and Yang's mother -in -law lived in the garage. In the summer of 2021, Yang installed air conditioners for the garage and placed the air conditioner on the eaves of the garage built by itself. This position is close to the bedroom window of Chen's house.

The heat and noise generated by the air -conditioning unit made Chen unable to disturb the air. Chen repeatedly negotiated with Yang to change the position of the air conditioner, but Yang did not agree. In desperation, Chen had to sue to the People's Court of Qidong City, Jiangsu Province.

After hearing, the court believed that Yang's behavior of changing the use of the garage involved in violation of the provisions of the Jiangsu Provincial Property Management Regulations.

Ling Jianhao, a lawyer of Jiangsu Taihe Law Firm, explained: "Yang's behavior itself is an illegal act, which violates the provisions of the" Jiangsu Provincial Property Management Regulations ". This behavior of installing air -conditioning machines in the garage has caused a significant impact on the neighbors. This impact also exceeds the normal tolerance obligations of the neighbors. "

Although Yang argued that the vast majority of owners in the community changed the garage to living and living, but obviously could not become the so -called habit of the country. The air conditioner installed by Yang is less than 50 cm from Chen's bedroom window, and the air conditioner will inevitably produce vibration and noise when running. Even if the air conditioner installed by Yang meets relevant national standards, it still has related impact and a certain degree of obstacles to Chen's lives, and exceeds the scope of tolerance obligations of adjacent relationships.

Based on this, the court ruled that Yang was demolished the air conditioner. Yang did not accept the appeal, and Nantong Municipal Intermediate People's Court maintained the original judgment.