Enforcing Noise Log for Tenants in Germany

This practical guide explains for tenants in Germany how to create a noise log, which evidence counts in court and how to quickly obtain protection through the local court in urgent proceedings. I explain step by step which times and details in the log are important, how photos and audio recordings can be used as evidence and which deadlines you must observe. The guide also helps with preparing a rent reduction, contacting the landlord and submitting documents to the court. I name official forms, explain the role of the Civil Code (Bürgerliches Gesetzbuch, §§ 535–580a BGB) ^[1] and the Code of Civil Procedure (Zivilprozessordnung) ^[2], and show when an urgent application is appropriate.

What is a noise log?

A noise log is an ongoing document in which tenants record repeated disturbances. It serves to show the landlord and, if necessary, the court exactly how often, when and how severe the interference is. A carefully kept log makes entries precise, comprehensible and usable.

Key entries in the log

• Date and exact time of the incident
• Duration of the disturbance (in minutes/hours)
• Type and location of the noise source (e.g. music, construction, a specific apartment)
• Measurement values or subjective noise description and accompanying photos/audio
• Witnesses or neighbors who can confirm the noise
• Attempts to notify the landlord (date, content)

Securing evidence

Secure all additional evidence besides the log: photos of day/night conditions, audio recordings, emails or chat histories with the landlord and written statements from witnesses. Also note disturbances that affect your use of the apartment (e.g. sleep disturbance, loss of work).

• Photos and short audio recordings with dates
• Written communications to the landlord and their responses
• Contact information of witnesses
• If possible: measuring device values or expert reports

Urgent proceedings and the local court

If repeated noise disturbances seriously impair your use of the dwelling, an urgent application to the competent local court may be appropriate. The local court can decide on quick measures such as preliminary injunctions or neighborhood orders; longer disputes usually follow regular proceedings. The legal basis is often the Civil Code (BGB) ^[1] and the Code of Civil Procedure (ZPO) ^[2]. In difficult or precedent-setting cases there are relevant decisions of the Federal Court of Justice that shape the approach ^[3].

How to prepare an application

Prepare a clear file: noise logs, evidence photos, a chronological list of attempts to inform the landlord, and a short legal statement of the interference. Specify exactly which preliminary measure you request (e.g. injunction or order for technical measures) and attach witness information.

Stepwise options for tenants

• Direct conversation or written request to the landlord to stop the disturbance
• Announce a rent reduction informally and document reasons
• If it continues: consider an urgent application to the local court

FAQ

When is a noise log sufficient for a rent reduction?

A noise log can, together with other evidence such as photos or witnesses, form the basis for a rent reduction; the court examines the individual case, extent and duration of the impairment.

How quickly must I react if the noise is acute?

Document incidents immediately in the log and notify the landlord in writing; in case of danger or severe impairment, an urgent application to the local court may be appropriate.

Which court is responsible for urgent proceedings against noise?

The local court is usually the first instance for tenancy urgent proceedings and preliminary measures.

How-To

1. Start a noise log: record date, time and duration of each disturbance.
2. Collect evidence: photos, audio recordings and written confirmations from neighbors.
3. Send a formal request to the landlord with a deadline and document delivery.
4. Consider an urgent application to the local court and prepare the file.
5. Submit the application and bring all evidence to the hearing.

Key takeaways

• Well-documented logs are often decisive in court.
• Act quickly and respect deadlines to protect your rights.

Help and Support

• Gesetze im Internet: Civil Code (BGB)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof: Decisions and Information