Child Noise: Tenant Rights in Germany

Child noise is part of daily life in apartment buildings, but as a tenant in Germany you have rights and obligations. This article explains clearly how to assess duration, volume and frequency, when noise can be considered a contractual violation and which steps are possible with the landlord or neighbours. We outline the relevant provisions in tenancy law, typical deadlines, necessary documentation and when a rent reduction or complaint may be appropriate. The aim is to resolve conflicts without escalation: practical action steps, letter templates for the landlord and pointers to authorities and courts complete the guide. Also check which local neighbour rules and quiet hours apply in your federal state and how courts in Germany assess typical cases.

What does child noise mean in tenancy law?

Everyday noises from children such as playing or running are generally part of communal living. It becomes relevant when noise occurs regularly, very loudly or outside usual hours and significantly impairs the use of the apartment. Tenancy law (BGB) regulates the duties of landlords and tenants and when a contractual breach may exist.^[1]

Whether noise behaviour is a contractual breach depends on duration, frequency and time of day. Night hours are particularly protected; in repeated violations tenants should document and inform the landlord.

• Normal everyday sounds: short, daytime and not permanently burdensome.
• Repeated strong disturbance: long, loud and frequent, possibly contractual.
• Night-time disturbances: exceeding usual quiet hours can be immediately relevant.

Rights and practical steps

Start with documentation: date, time, duration, type of noise and possible evidence such as witnesses or recordings. First speak politely with the parents or neighbours; rules are often found in conversation. If no one responds, send a formal defect notice to the landlord and request remediation.

• Collect documentation: logs, witnesses, recordings.
• Seek a neighbourly conversation and propose solutions.
• Send a formal defect notice to the landlord with a deadline to fix the issue.
• Consider legal advice and possibly court action if there is no remedy.

When is a rent reduction possible?

A rent reduction can be justified if the usability of the apartment is significantly impaired by noise. The amount and start of the reduction depend on the individual case; documented impairments are important. In disputed cases, local courts and possibly the Federal Court of Justice decide on reasonableness and reduction amount.^[3]

Templates and official forms

Below are important form/template names and when to use them:

• Termination letter (tenant): sample letter if you want to end the tenancy; include clear deadlines and proof of delivery.
• Defect notice / written request to landlord: state the defect, a deadline to remedy and include documentation as an example.
• Payment order / court forms: if the landlord does not act, official court forms are required for legal steps; use them when proceeding to court.

Frequently Asked Questions

When is child noise considered a contractual breach?

When noise is regular, significant and beyond permitted times so that living use is impaired; case-by-case assessment is decisive.^[1]

What should I do first?

Document the noise incidents, speak to the neighbour and, if necessary, send a written defect notice to the landlord.

Can I reduce the rent?

Yes, for significant impairment; document extent and duration, and note that courts decide on a case-by-case basis.^[3]

How-To

1. Document the noise: date, time, duration, type and possible witnesses.
2. Try speaking with neighbours: address calmly and suggest ways to reduce noise.
3. Send a written defect notice to the landlord: state facts, a deadline to remedy and possible consequences.
4. Consider legal steps: observe deadlines and, if necessary, bring the matter before the local court.^[2]

Help and Support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) - Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) - bundesgerichtshof.de