Children Noise in Apartment Buildings: Tenant Rights Germany

As a tenant in Germany, it is normal to hear childrens noise occasionally. It is important to know when loud play is part of normal use of an apartment and when the noise nuisance affects the tenancy. This text clearly explains your rights as a tenant: when a rent reduction may be possible, how to document defects and which deadlines apply to complaints. I describe simple steps on how to talk to neighbors, prepare formal letters andif necessarywhich courts are responsible. The information is based on the BGB, the ZPO and relevant court decisions, and includes practical templates and links to official authorities in Germany.

What counts as normal childrens noise?

According to case law, occasional romping and playing in apartment buildings often belong to proper use and must generally be tolerated. Whether noise substantially restricts the quality of living so that a rent reduction is justified depends on severity, frequency and time of day. Read the relevant provisions in the BGB on defects of the rented property and the landlords duties^[1].

Practical steps for tenants

If childrens noise becomes a problem, follow clear steps: document, inform the landlord, observe deadlines and, if necessary, initiate legal proceedings. The Code of Civil Procedure (ZPO) regulates procedures in court cases; check deadlines and jurisdictions early^[2].

• evidence: Collect photographs, noise logs and timestamps to demonstrate the extent.
• notice: Send a written defect notice to the landlord and set a deadline for remedy.
• call: First speak personally with the neighbor family if possible.
• repair: If noise is due to structural defects, request necessary measures from the landlord.

When is rent reduction possible?

A rent reduction may be considered if the habitability of the apartment is sustainably impaired. The extent, duration and cause of the noise disturbance are decisive. Before reducing rent, you should inform the landlord in writing and give them the opportunity to remedy the issue. Courts of first instance are usually the local courts; higher appeals go to regional courts and possibly the Federal Court of Justice^[3].

Communication tips

A friendly, factual conversation resolves many conflicts. Name specific times when the noise is particularly burdensome and suggest practical solutions (e.g. rugs, agreed quiet hours, use of play areas). If talks do not help, use a written defect notice as the next step.

FAQ

Can I reduce the rent because of childrens noise?

It depends on the extent of the impairment; for significant and persistent disturbances a rent reduction may be possible. The landlord should be informed in writing beforehand.

Do I have to tolerate childrens noise as a tenant?

Yes, a certain amount of childrens noise often belongs to normal use in apartment buildings and must generally be tolerated.

Which court should I turn to in case of dispute?

The local court (Amtsgericht) is usually competent in the first instance; appellate instances include regional courts and possibly the Federal Court of Justice.

How-To

1. within 14 days: Observe and keep a noise log (date, time, duration, type of noise).
2. evidence: Collect photos or other evidence and store them chronologically.
3. notice: Send a written defect notice to the landlord with a deadline for remedy.
4. call: Talk to the neighbor family and propose solutions.
5. court: If necessary, seek clarification at the local court and present evidence.

Help and Support

• BGB §§ 535–580a: Tenancy law provisions
• ZPO: Rules for court procedures
• Federal Court of Justice: decisions and principles

1. [1] Laws: German Civil Code (BGB) §§ 535–580a
2. [2] Laws: Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) official website