Children's Noise: Tenant Rights in Germany

Many tenants wonder how children's noise should be assessed legally and what steps are possible if quality of life suffers. This text explains in clear language which rights you have as a tenant in Germany, how to document noise and when a rent reduction or a conversation with the landlord makes sense. I also describe a simple template for a letter to the neighbors or the landlord and show when a court can be involved. The goal is to give you practical steps, name deadlines and reference official laws so that you can decide more confidently. I mention relevant sections of the BGB, authorities such as the local court and link official forms so you are prepared for the next step.

When is children's noise legally relevant?

Normal noise from playing children is part of the usual use of an apartment and usually does not constitute a disturbance that leads to damages or automatic termination. Noise becomes relevant when it is so frequent, loud, or at unusual times that the use of the apartment is seriously impaired. Frequency, volume, time of day and duration are decisive in the assessment.

Practical steps for tenants

• Collect evidence: Record dates, times, duration and type of noise, and note witnesses or audio if appropriate.
• Make contact: First seek a friendly conversation with the parents or landlord, remain polite and factual.
• Put it in writing: Send a letter with the template and set a deadline (see template below).
• Observe deadlines: After a written request, allow a reasonable period for remedy, typically 14 days.
• Consider rent reduction: If the impairment is significant, rent reduction may be possible; check conditions and amounts.
• Court steps: If no solution is found, the local court may be competent; observe procedural rules of the ZPO and court jurisdiction.^[2]

Template (example)

Dear Ms./Mr. [Name],

In recent weeks there have been repeated very loud, persistent noise disturbances from your apartment, mostly between [time] and [time]. Please review the situation and take appropriate measures. Please confirm in writing by [date] which steps you plan to take. If the disturbances continue, I will consider further steps.

Sincerely,
[Your Name]

Which laws and authorities matter?

The BGB (Civil Code), especially the provisions on rent and defect remedy in §§ 535–580a, apply to tenancy law.^[1] Procedural law for court cases is governed by the ZPO.^[2] Important decisions from the Federal Court of Justice (BGH) can provide further guidance.^[3]

FAQ

Does normal children's noise count as a rental defect?

Generally not. Normal play is socially acceptable; only significant, persistent disturbances can constitute a defect.

Can I reduce the rent if children's noise does not stop?

Yes, rent reduction is possible if the use of the apartment is significantly impaired. The amount depends on the extent of the impairment and case law.

When is the local court competent?

For most tenancy disputes the local court is competent; for higher amounts or appeals the regional courts and the BGH may be involved.

How-To

1. Collect evidence: Keep a noise log with date, time and duration.
2. Send a written request: Send a written notice to the neighbor or landlord with a deadline.
3. Set a deadline: Allow a reasonable period (e.g. 14 days) and record the response.
4. Consider court action: If nothing changes, contact the local court or seek legal advice for a possible claim.

Help and Support / Resources

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

1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Code of Civil Procedure — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Official Website