Odour Nuisance from Businesses: Tenant Rights Germany

Tenants in Germany who are affected by odours from a neighbouring business have concrete rights and duties. First, document the nuisance carefully, inform the landlord in writing and set deadlines so that a rent reduction or other legal remedies become possible. This guide explains in plain language when odour nuisance reduces habitability, which legal foundations are relevant and how to use sample texts to report defects or prepare legal steps. Note that in many cases the local district court is responsible and clear evidence, witnesses or expert reports increase the chance of success.

Legal basis

If odours impair the habitability of the dwelling, the rules on rent reduction and maintenance from the German Civil Code (BGB) may apply. A rent reduction may be possible if the apartment is impaired in its contractual use.^[1] For court actions or legal assistance, the local district court is often responsible; for fundamental legal questions, regional courts and the Federal Court of Justice decide.

When is a reduction justified?

A reduction is justified if the usability of the flat is significantly impaired and the landlord does not remedy the problem in time. Typical examples are strongly odorous exhaust systems, persistent chemical smells or lasting odours from waste or animal husbandry that enter the flat. Keep dates, times and intensity in writing and gather evidence.

• Inform the landlord in writing and set a deadline for remedy.
• Keep photos, logs and an odour diary.
• Observe deadlines: defect notice, grace period, then reduction or lawsuit.
• Commission an expert or measurement report if necessary.
• Contact a tenants' association or legal advice.

Sample wordings and practical phrasing

A short, clearly worded letter to the landlord can help. Example: "Dear Mr/Ms X, since DATE, strong odours from the neighbouring business have regularly occurred, impairing my flat. Please remedy the defect by DATE X. Otherwise I will consider exercising my rights, including a rent reduction." Send the letter by registered mail and keep the receipt.

If the landlord does not respond, document further incidents and consider a formal rent reduction or lawsuit. The Code of Civil Procedure (ZPO) is relevant for lawsuits; the competent district court accepts lawsuits and conducts proceedings.^[2]

FAQ

When can I reduce the rent because of odour?

If the usability of the flat is impaired and the landlord does not remedy it within a reasonable period, you can reduce the rent.

How do I properly document odour nuisance?

Keep an odour diary with date/time, take photos/videos and collect witness and measurement data.

Which court do I contact in a dispute?

For most tenancy disputes the competent district court is responsible; for higher-level legal issues the regional court or the Federal Court of Justice decides.

How-To

1. Document each incident precisely (date, time, intensity, photos).
2. Send a formal defect notice to the landlord and set a clear deadline.
3. If possible, obtain an expert report or measurement protocol.
4. Seek advice from a tenants' association or lawyer if there is no remedy.
5. If necessary, file a lawsuit at the competent district court and present your evidence.

Help and Support / Resources

• Tenant rights (§536 BGB) — Gesetze im Internet
• Information about courts and district courts — justiz.de
• Federal Court of Justice (BGH) — Official website

1. [1] German Civil Code (BGB) §536 — Gesetze im Internet
2. [2] Information about courts and district courts — justiz.de
3. [3] Federal Court of Justice (BGH) — Official website