Making Music for Tenants in Germany: Rules Before Signing
Before signing a tenancy agreement, it is worthwhile as a tenant in Germany to clarify specifically how music-making is allowed. Many house rules regulate noise, quiet hours and instrument use, but often lack clear provisions for rehearsals or regular lessons. A well-worded notice in the stairwell or an additional clause in the lease creates certainty and can prevent costly disputes. This article explains step by step which formulations make sense, which legal bases (e.g. the BGB) may be relevant and how to document conflicts. We also show when a local court is responsible and which official forms and deadlines you should know to protect your rights as a tenant.
What to check before signing
Before signing, check the following concretely:
- Clarify quiet hours and permitted practice times in the building
- Check contractual wording or additional agreements on instrument use
- Propose a notice as a clear regulation for regular rehearsals
- Talk to neighbors and document written agreements
Collect evidence of noise disturbances.
Drafting a notice: sample clauses
A short notice helps create binding rules. Specify time windows and contact details.
- "Music allowed: weekdays 18:00–20:00; weekends 10:00–13:00"
- "Please be considerate: avoid loud rehearsals before 09:00 and after 22:00"
- Contact for questions: name, flat number, phone number
Observe deadlines, otherwise you may lose rights.
Documentation, deadlines and official steps
Documentation is important: note date, time, duration, noise level and witnesses. For persistent disturbances follow these steps.
- Create photos, audio recordings and logs as evidence
- Send a written request or warning to the person causing the disturbance
- Set deadlines and document compliance with time limits
- If escalation occurs: consider filing a claim at the competent local court[2]
Local courts are responsible for most tenancy disputes.
FAQ
- Can my neighbor practice several hours daily?
- In principle yes, but only within the limits of the house rules and consideration under the BGB[1].
- Can I enforce a notice in the stairwell?
- You can propose a notice; if refused, a written request and, if necessary, help from the local court is advisable[2].
- When is a lawyer necessary or is a claim without a lawyer sufficient?
- Many cases can be resolved out of court; for complex legal questions and appeals the BGH case law is relevant[3].
How-To
- Check your lease for clauses on making music.
- Propose clear practice times via a notice and specify fixed hours.
- Document repeated disturbances with date, time and evidence.
- Send a written request and set a clear deadline.
- If necessary, file a claim at the local court or seek legal advice.
Help and Support / Resources
- § 535 BGB and neighbor rights (gesetze-im-internet.de)
- Federal Court – precedent (bundesgerichtshof.de)
- Information on local courts and forms (justiz.de)