Child Noise: Documents & Deadlines for Tenants in Germany
As a tenant in Germany it is important to classify child noise legally and to know the correct documents and deadlines. This concern touches tenant protection, neighborhood duties and possible rent reductions or complaints to the landlord. This article explains step by step which evidence (photos, noise logs, witnesses), which official forms and which deadlines are relevant for reports, warnings or lawsuits. You will also learn when the local court is competent, which sections of the BGB apply and how to reliably prove that noise impairs the quality of living. The goal is to give you practical steps so that you as a tenant in Germany can act quickly and assert your rights. At the end you will find sample texts and references to official court and ministry sources.
What counts as child noise?
Child noise typically includes play and roughhousing noise, slamming doors or loud sounds at certain times of day. Occasional play noise is often socially acceptable, but persistent or nighttime noise can severely affect the quality of living and may justify rights such as rent reduction or injunctive relief.
Important documents
- Noise log: Record date, time, duration and description of each incident; note quiet hours and frequency.
- Photo, video or audio evidence: Save files with date and time as supporting proof.
- Written correspondence: Keep copies of all communications with the landlord and any replies, including proof of delivery.
- Witness statements: Secure short written statements from neighbors with contact details.
- Medical certificates or expert reports: Keep these if there are health impacts.
Forms and deadlines
Important steps include a written request to the landlord with a deadline and possibly a warning or lawsuit. For termination and formal letters, templates from the Federal Ministry of Justice or guidance from judiciary authorities can help. Legal steps are subject to deadlines under the Code of Civil Procedure and the provisions of the BGB[1][2].
Examples of official forms and their use:
- Termination letter (BMJ template): Used if a landlord terminates due to persistent disturbances; as a tenant use a formal response to document objections and request time to resolve or alternatives. Consult official authorities for templates.
- Payment order / complaint form at the local court: If parties initiate legal action, the competent local court will require the complaint form; submit evidence such as noise logs and correspondence. You can obtain the form via your local court or state justice portals.
How-To
- Collect evidence: Keep a noise log and store media with date and time stamps.
- Inform the landlord in writing and demand remedy with a concrete deadline.
- Set reasonable deadlines (for example 14 days) and document the process.
- If no solution occurs, seek legal assistance and, if necessary, file a complaint at the local court.
Frequently Asked Questions
- When can I reduce the rent as a tenant?
- If child noise substantially impairs the usability of the apartment, a rent reduction may be possible; assess the extent and duration of the noise and the available evidence.
- Do I have to inform the landlord first?
- Yes, inform the landlord in writing and give them a reasonable deadline to remedy the issue before considering legal steps.
- Which court should I contact for persistent disturbances?
- For tenancy disputes the local court is usually competent; higher instances are the regional court and, for appeals, the Federal Court of Justice.
Key takeaways
- Documentation is central and often decisive for success in complaints or legal actions.
- Act promptly and set written deadlines for the landlord.
- The local court is the first judicial instance for tenancy disputes.
Help and Support
- BGB §§535–580a: Tenancy law provisions
- ZPO: Code of Civil Procedure for claims and proceedings
- Justiz.de: Information on local courts and forms
