Odour Nuisance from Businesses: Tenant Rights in Germany

As a tenant in Germany, odour nuisance from a nearby business can severely affect daily life. Many tenants do not know how and when to assert rights such as rent reduction, warning notices or bringing matters before the local court. This guide explains in plain language what landlord obligations are, how to secure evidence, report defects on time and which forms and authorities may be involved. You will find practical sample texts, deadline tips and concrete steps to enforce your tenant rights — up to filing a lawsuit if necessary. The aim is to give you clear, actionable steps so you can protect your living quality and act legally in Germany. Act early. This secures your rights.

What tenants can do

Landlords must maintain the apartment in a condition fit for contractual use. The basis is the obligations from the German Civil Code (BGB)^[1], especially for defects like severe odour nuisance. Notify the landlord in writing and request remedy within a reasonable deadline.

• Report defects in writing (notice): Send a dated defect notice to the landlord by registered mail or email with read receipt.
• Secure evidence (evidence): Document the odour, date and time, take photos or videos and record witness statements.
• Observe deadlines (deadline): Give the landlord a reasonable period to remedy, for example 14 days, and state consequences if the deadline expires.
• Check rent reduction (rent): Determine whether a partial rent reduction under §536 BGB is possible and document the impairment.
• Consider court action (court): If the landlord does not act, resolution at the local court may be appropriate; information on court jurisdiction in Germany is available from court portals^[2].

Forms and practical templates

There is no single federal form for every situation, but typical documents include a formal defect notice, a rent reduction template and, if necessary, the complaint filing at the local court. For procedural questions and filing lawsuits, the Code of Civil Procedure (ZPO)^[3] applies. Practical example: send a defect notice with date, description of the odour, duration and requested remedy; document delivery proof.

Deadlines and legal steps

If the landlord fails to act, deadlines matter: give a deadline and document each response. If there is no remedy, file a lawsuit at the local court; civil procedure rules and local jurisdiction follow the ZPO and are handled by the local courts^[2]. Higher courts such as regional courts and the Federal Court of Justice decide on legal issues and precedent^[4].

How-To

1. Report defects: Write a dated, written defect notice to the landlord and demand remedy within a clear deadline.
2. Collect evidence: Keep a log, take photos/videos and note witnesses and times.
3. Set a deadline: Give a reasonable cure period, e.g. 14 days, and announce steps if nothing happens.
4. Pursue court resolution: If needed, file a complaint at the competent local court and attach evidence and copies of all correspondence.

FAQ

Can I reduce my rent because of odour nuisance?

Yes, if the habitability of the apartment is impaired, a rent reduction under §536 BGB may be possible. The amount and start date depend on the specific circumstances.

How long must I give the landlord to act?

Give a reasonable deadline to remedy, commonly 14 days; in cases of immediate danger, immediate action may be required.

Do I have to go to court?

Only if no out-of-court solution is found. Many cases are resolved after defect notice and deadline; otherwise the local court will decide.

Help and Support

• Federal Court of Justice (BGH) – information on decisions
• Gesetze im Internet – BGB §§535 ff.
• Gesetze im Internet – ZPO (procedural rules)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535 ff. - Gesetze im Internet
2. [2] Information on courts and jurisdiction - Justice Portal
3. [3] Code of Civil Procedure (ZPO) - Gesetze im Internet
4. [4] Federal Court of Justice (BGH) - Official decisions