Tenants: Smoke and Odor Nuisance in Germany
As a tenant in Germany, smoke and odor nuisances can severely affect daily life and living quality. This guide explains in plain language what rights you have, when a written defect notice is useful, and how to securely document evidence. You will also learn which official rental law rules apply and which deadlines to consider so that your complaint remains valid. The goal is to provide practical steps: from collecting photos and witnesses to using official forms and, if necessary, filing a claim at the local court.
When is smoke or odor a defect?
An annoyance counts as a rental defect if it impairs the suitability of the apartment for contractual use, for example in the case of health-damaging smoke, recurring burning smells or strong cooking fumes that permanently enter the apartment. The decisive factor is the impairment of living quality and whether the landlord can remedy it. Rental law in the BGB regulates the landlord's duties.[1]
First steps: Secure and document evidence
Well-documented evidence is often decisive. Collect factual information without accusing: date, time, duration, type of odor and possible sources.
- Take photos and videos of the nuisance and note date/time.
- Keep an odor log with repeated measurements at the same location.
- Record witnesses with names and contact details who can confirm the nuisance.
- Send a written defect notice to the landlord (by registered mail or electronically with proof of receipt).
- Observe deadlines: complain within a reasonable time, otherwise enforcement may be hampered.
Formal defect notice: Content and template
Your defect notice should be clear and factual: description, start of the disturbance, consequences so far, a deadline for remedy and a note about potential rent reduction. Attach photos/logs. An informal letter is often sufficient; template texts can serve as guidance.
Example points for the notice
- Concrete description of the nuisance with dates and times.
- Attachments: photos, videos, witness names.
- Set a deadline, e.g. "Please remedy by dd.mm.yyyy".
Rent reduction: When and how much?
For significant impairments, the rent can be reduced. The amount depends on the degree of loss of use. Calculate the reduction objectively and document the period. Inform the landlord and announce the reduction in writing.
- Reduce rent (rent) only for persistent or significant impairments.
- Keep receipts and document the grounds for reduction.
If the landlord does not respond: Legal steps
If the landlord does not respond or fails to remedy, you may consider legal action. Minor disputes are usually decided by the local court; the procedure follows rules of the Civil Procedure Code.[2][3]
What the local court and BGH say
The local court typically rules on rent reductions and eviction claims; for fundamental legal questions a case may reach the Federal Court of Justice. Relevant BGH decisions have set standards for assessing odor nuisances.[4]
Frequently Asked Questions
- Can I reduce the rent immediately?
- Yes, if a significant defect exists and you have informed the landlord beforehand; announce the reduction in writing and document the defect.
- Do I have to provide evidence?
- Yes, photos, a diary, witness names and emails are important evidence for assessment by the landlord or court.
- Who decides the amount of the reduction?
- The amount is usually agreed between tenant and landlord or, if disputed, determined by a court.
How-To
- Document: take photos, videos and keep an odor log.
- Send a written defect notice to the landlord with a clear deadline.
- Name witnesses and collect landlord responses.
- If necessary: announce a rent reduction and document the calculation.
- If unresolved: consider legal steps and possibly file a claim at the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Information on courts (local court) – justiz.de
