Checklist Smoke and Odor Nuisance - Tenants Germany

As a tenant in Germany, it is important to respond quickly and correctly to smoke or odor nuisance in the apartment. This checklist clearly explains your rights under the BGB, applicable deadlines, and how to collect evidence, inform the landlord in writing, and use necessary forms. You will receive practical wording for defect notices and guidance on when a rent reduction is justified or when to consider filing a lawsuit at the local court. The guide is intended for non-lawyers and shows step by step how to protect your health, meet deadlines and contact official bodies. At the end you will find frequently asked questions, a step-by-step guide and official links to laws and courts in Germany.

What to do for smoke and odor nuisance?

Start with secure documentation: note date, time, frequency and take photos or videos of the source and affected rooms. Documentation helps with rent reduction or court actions.

Then inform the landlord in writing and request remediation within a clear deadline. Describe the nuisance specifically and set a time limit for remedy.

• Document date, time, photos and witnesses to secure evidence.
• Send a written defect notice to the landlord with a set deadline (e.g. 14 days).
• Check for rent reduction under §536 BGB if usability is impaired.^[1]
• In case of health hazards, notify the public health office or fire department and document the report.
• If the landlord does not respond, consider legal steps at the local court; many tenancy disputes are handled there.^[2]
• Protect your privacy and report any unauthorized entries to the landlord and, if necessary, the police.

Forms and templates

There is no single mandatory form for defect notices, but useful templates are available from the Federal Ministry of Justice. A common document is the "Defect Notice / Deadline" which includes date, precise description of the defect, required deadline and notice of further steps. For termination or formal letters use the "Termination Letter" template from the Federal Ministry of Justice as a model.^[3]

Common evidence steps

• Keep a disturbance log with date and time.
• Send the defect notice by registered mail or keep email documentation.
• Inform (in case of danger) the public health office or fire department and note contact persons.

Frequently Asked Questions

Can I reduce the rent because of odor nuisance?

Yes, under certain conditions a rent reduction is possible if the habitability is impaired. Use the documentation and do not withhold rent without legal advice.

How do I phrase a defect notice?

Write briefly and factually: date, description of the defect, deadline (e.g. 14 days) and notice of further steps.

Which court is responsible for disputes?

Many tenancy disputes are handled by the local district court; appeals go to the regional court and the Federal Court of Justice for precedent cases.

How-To

1. Step 1: Document the disturbance (date, time, photos, witnesses).
2. Step 2: Send a written defect notice to the landlord with a clear deadline.
3. Step 3: Notify the public health office or fire department in case of acute health risk.
4. Step 4: Consider rent reduction only after legal review.
5. Step 5: If no remedy, prepare documents for a claim at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
• Responsible jurisdiction: Local court — justiz.de
• Templates and forms: Federal Ministry of Justice and Consumer Protection — bmjv.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Responsible jurisdiction: Local court — justiz.de
3. [3] Templates and forms: Federal Ministry of Justice and Consumer Protection — bmjv.de