Hi all,
I’m a student in Cologne living in a WG and I could really use some advice on a situation with a neighbor.
Our apartment and the neighbor’s apartment are mirrored, and our balconies are right next to each other (in a line). The previous tenant in my room used to smoke weed, which caused issues with this neighbor.
A bit of context: shortly after I moved in, one night around midnight I heard someone loudly shouting outside for quite a while. I went out to check what was going on, and the neighbor immediately started screaming at me accusing me of smoking weed. I told her I don’t smoke weed at all. She didn’t believe me and even asked to come into my room to check for the smell, which I agreed to just to avoid any trouble since I had just moved in. After that, she said her issue is specifically with weed and that cigarettes are fine.
Fast forward to recently, she started complaining and creating issues again. My main tenant spoke to the landlord, and the landlord said that smoking on the balcony is generally allowed, but I should avoid smoking late at night to keep the peace. I agreed to that and have not been smoking after 10 pm.
However, now whenever I smoke during the day, she comes out and films me with her phone. This has already happened twice already. The first time she recorded me i told her that i do not appreciate being recorded without permission and she said she doesn’t care and that she will send this to a lawyer to get me evicted. On top of that she insulted me quite heavily, including racist remarks like calling me a Please dog and a Please bastardas well as the eviction threat
After this I spoke again with my main tenant after he talked to the landlord. The landlord confirmed that smoking on the balcony during the day is allowed, but asked me to avoid smoking after 10 pm to respect quiet hours and the Main tenants said he will speak to the neighbor as well. So I’m trying to cooperate and de-escalate, but despite that, she is still filming me during the day.
I’m honestly just trying to follow the agreement and live normally, but this is starting to feel uncomfortable and a bit over the top.
My questions:
– Is smoking on a balcony during the day actually fine in this situation?
– Is it legal for her to film me repeatedly like this?
– At what point does this become harassment, and what would you do in my position?
Thanks a lot in advance.
EDIT:
I’ve already spoken to the main tenant of the WG and he spoke to the landlord as well (this was about 2 days ago). The landlord confirmed that smoking on the balcony during the day is allowed, but asked me to avoid smoking after 10 pm to respect quiet hours. I’ve been following that strictly.
My main tenant also suggested that I avoid using the balcony for a couple of weeks if possible just to calm the situation down, and he said he will talk to the neighbor as well. So I’m actively trying to de-escalate and cooperate and not going on there as much
The issue is that despite this, she is still coming out and filming me during the day when I’m technically allowed to be there. This latest incident happened today.
Regarding witnesses: I mostly live alone and my main tenant is only around a few days a week. I did notice that when I had a friend over and we were both on the balcony, she didn’t say anything or film, which makes it feel a bit targeted when I’m alone.
I’m documenting everything (dates, times, what happened), and I’m considering filing an online report just to have it on record in case things escalate further.
I’m not trying to cause problems or escalate things, just want to live normally and keep things peaceful.
Thanks again for all the input
https://i.redd.it/yxamaus237vg1.jpeg
Posted by oblivious_avacado
36 Comments
It’s now always about what’s legal or not, but rather what is logical or not. Smoking bothers people who aren’t smoking. If the balcony is literally attached to the other, and the smoke goes there, of course it bothers.
1. Yes, weed and cigarettes are allowed
2. No, that’s illegal
3. Police and or landlord. Have a witness!
No legal advice
Filming you when you go about your legal business (smoking cigarettes), calling you names… that’s already harassment. You should get some witnesses for that.
I‘d also put something up to block her view if jts allowed.
Es kann der Frömmste nicht in Frieden leben, wenn es dem bösen Nachbarn nicht gefällt.
Friedrich Schiller – Wilhelm Tell
Insane behavior. The racist remarks are the icing on the cake. Simply report her to the police with this exact story for harassment.
She cannot get you evicted over this and you can actually press charges against her for the racist insults and recording you
Smoking is legal at any time- Ruhezeit after 10pm is when you make noise. If you are just standing in your balcony and smoking a cigarette in open air- there’s no prohibition to it. If someone is bothered by it- then they should complain to the police, and it won’t hold up in court. She cant stop you from smoking on your private balcony. Even if you smoke weed she can’t stop you- it is legal in Germany. Only in places (like the hbf) where it’s explicitly mentioned you can’t smoke weed.
Making videos of you is illegal, in your own private space. Take a note of that and tell her under gdpr what she is doing is illegal.
It’s already harassment- you can go and complain to the police that she has used racial slurs against you.
She is basically making trouble because you are an immigrant who is new to the country. She is probably bothered by the smell, but instead of being a decent human being and talking with you she is being a typical German neighbor that everybody hates.
If you’ve the means then file a police complaint against her, then hire a lawyer and send her a formal warning letter of harassment.
The racist remarks were really not cool of her. Get a witness bro. I would say do what would suit you most. Avoid smoking if that would get her off your ass and you can’t be bothered with legal matters, but if you can and want to do something then get a witness and don’t escalate from your side. It’s already hard being a student in WG managing education and money and all.
You have to push against that. Don’t give her any wins for her behaviour. End cooperation, just do what is allowed and if she’s bothered by that it’s her problem. Get witnesses for her behaviour, write down every time she does something like that from now on. Tell the landlord every week what happens.
Earlier this year I had a chat with a lawyer who mostly deals with tenancy questions – he said he doesn’t even take cases where smoking is the reported nuisance since there’s no chance of winning. So on that front honestly nothing to worry about from what I know.
The filming is not okay though. Your neighbour sounds like a racist idiot.
The next time she records you with her phone, make sure you record her as well. You can’t back down to this person and play her own game as well. You’ll meed this of she threatens to take legal action
Actually, record every interaction you have with her from now on. This will frighten her
If I were you, I’d actually smoke in the balcony exactly until 9:59pm, just to piss her off
Filming you specifically on your balcony is not ok. Privacy law is pretty strict there.
Get witnesses and call the cops if she keeps doing it. I bet she would be much less annoying if the cops asked her about the videos and told her that you aren’t the one who is at fault.
Here[ is a summary on the legality](https://www.wohneigentum.nrw/beitrag/nachbar-hat-kamera-installiert#:~:text=Grunds%C3%A4tzlich%20d%C3%BCrfen%20Grundst%C3%BCckseigent%C3%BCmer%20Kameras%20installieren%20und%20das,Datenschutzverordnung%20sch%C3%BCtzen%20die%20Privatsph%C3%A4re%20vor%20unzul%C3%A4ssiger%20Video%C3%BCberwachung.)
§ 185 StGB – Einzelnorm https://share.google/GNV9d2qCryjIFulkG
Alone Calling someone names is a felony. Get some witnesses. I don’t know what else you can get her for, but PLEASE take care of that.
1. yes. even if you would smoke weed.
2. no. datenschutz!
3. police, but it depends what do you want: get rid of her, or punish her. in general, report to police not something what could work. instead better to talk to the landlord.
Jesus. Film her back. Report to the police. And never let her in your room again, WTF
[ Removed by Reddit ]
Which neighborhood do you live? The balcony and house looks very similar to mine
So it’s the general consensus that we don’t explain how a pissplatte works to op?
Just put a wall between, or go outside naked every day.
And put a shrine outside, where you lid a incense stick every day when you are outside. She cannot sue your religion.
Just completely ignore her, noise cancelling headphones. Speak to others in the building. It only takes a certain number of written complaints before they get hit with some anti social behaviour nonsense. Im an auslander and have been on your side of things but not receiving direct racist abuse. They called the police enough times but they eventually got evicted. Some people are just trash. Doesn’t matter what country you are in.
First move Film her. See what happens
Film her, so you have evidence of her racist slurs. I’d like to see her convince anyone when she’s behaving like that.
How old are they? Estimate?
I so badly want this Karen to pay your legal fees and be humiliated for her shitty behaviour.
* No legal advice *
I personally wouldn’t do anything to comfort her. She’s completely out of line. And you own her nothing of the things that you already have done to calm her down.
1. Smoking, especially outside is legal. Doesn’t matter if it’s weed or tobacco. The only thing that can be legally relevant is if it’s considered an odor disturbance but given that she said tobacco isn’t bothering her it would probably be hard to argue in court that cigarettes are fine but weed isn’t. Also from the picture it looks like you’re living in the top flat so the smoke can allocate pretty easily in contrast to balconies that are more enclosed and on the lower levels of a building where smoke tends to rise up and can bother your upstairs neighbors.
Furthermore it’s important to take into account that this isn’t bound to any kind of time. It doesn’t matter if it’s morning, evening or in the middle of the night, as long as you’re quite. Noise is the determining factor for being on the balcony late not the smell. Your landlord also isn’t legally able to prohibit you from smoking on the balcony at all, he’s not even able to prohibit smoking inside your room.
2. Filming another person usually isn’t prohibited but the distribution is usually considered illegal without consent. She said she’s going to send the videos to her lawyer which is probably already violating your rights.
Additionally we gotta mention the fact that you’re not on public ground but on your balcony which is part of your rented area so there’s usually more expectation of privacy. So regarding the individual circumstances it could already be illegal to film you at all.
3. She called you names which definitely is illegal. In your case it may be even considered a hate crime.
So personally I would get a some kind of privacy screen for balconies. If she’s actively going to try to film over or beside it I would film this myself to have proof that she’s actively trying to breach your privacy.
Document everything. Get witnesses. And file a complaint.
Racist behaviour is a no go. Poor lonley and bored lady with no one that ever showed love to her I guess.
In Germany she mustn’t call you names. especially racist ones are forbidden by the law and you could take charges on her.
She has absolutely no right to akt like that. Smoking cigarettes in your own apartment is your right (including weed btw)
I hope she gets tired and stops when she notices that she can’t make you fear her and bc you just stay cool and friendly. But if that doesn’t help, you could absolutely sue her for insult, filming you without permission in your private space and coercion
you should file a report at the police for hate speech, abuse, harassment.
I agree that you should start filming her ! SHE’S the one who’s breaking the law!!!
Please tell me she recorded herself calling you those names. And please let her have sent those videos to someone. And then make this Karen pay consequences.
If she goes to video again, pick up your phone and point it at her. You don’t have to record, just make her believe it
You already have enough for harassment charges
[ Removed by Reddit ]
Get something like this [Balkontrennwand](https://duckduckgo.com/?q=balkontrennwand&t=h_&ia=images&iax=images) and ignore her.
Someone fancies you.
The university provides you with free legal advice, you can request it at the University. You will be appointed one lawyer, they will guide you next possible steps. If you have legal insurance then directly talk to the lawyer, assuming you don’t at the moment, better to contact Asta or management at University right away.
Whenever she starts insulting you, get your camera out, film her as well. If you have these racist remarks in tape – police, press charges.
Start filming her too and hopefully she insults you so you get her doing it on camera xD
Fuck this Karen, you shouldn’t have caved and let her come to check, you are allowed to smoke whenever you want, even after 10 pm as long as you’re not being loud. In your place if i don’t smoke weed, i’d invite friends who do to the balcony and blow to her side lol
If she doesn’t like it tell her to work harder to afford a better place away from people, what a bitch!
I think standing your ground sternly might help you in this situation.
If the neighbor comes again and screams at you or something, scream back and call them a racist.
Also having a phone secretly recording the interaction might be helpful, not sure if this is illegal but could serve as proof.
Don’t back down. Keep smoking, weed or cigarettes, doesn’t matter!