Tenant Rights: Odour Nuisance from Commercial Premises in Germany

Many tenants in Germany experience strong odour nuisance when commercial neighbours such as restaurants, workshops or production facilities carry smells into living spaces. As a tenant you have rights: the landlord's duty to maintain the dwelling, possible rent reduction if habitability is impaired, and the option to apply for provisional court measures in urgent cases. This article explains in plain language the steps tenants in shared flats or single apartments can take, how to report defects in writing, set deadlines and which evidence is important. It also lists relevant statutes and where to find official forms and court information so you can act quickly and confidently. The overview includes practical examples, wording tips and guidance for urgent situations.

What can tenants do?

Landlords are obliged under the German Civil Code (BGB) to maintain the rental property; disruptive odour nuisance can constitute a defect and may justify a rent reduction.^[1] Tenants should first report the defect in writing and set a reasonable deadline for remedy by the landlord.

First steps

Practically, send a clear defect notice with description, date/time, concrete impact (e.g. health complaints or loss of use) and a reasonable remediation deadline. Collect evidence (photos, logs, witnesses, medical certificates) and keep copies of all correspondence.

• Send a written defect notice to the landlord and set a deadline.
• Collect photos, logs and name witnesses as evidence.
• If health is affected, obtain medical certificates.

If the landlord does not react or there is an acute health risk, provisional relief may be sought; emergency applications follow the procedural rules of the German Code of Civil Procedure (ZPO).^[2] The local district court (Amtsgericht) is usually responsible, and appeals may go to the regional court and ultimately the Federal Court of Justice (BGH).^[3]

FAQ

Can I reduce the rent for odour nuisance?

Yes, if the habitability is significantly impaired; the reduction rate depends on the individual case and must be documented.

How do I word a defect notice?

Describe the issue specifically, add date/time, demand remedy within a reasonable deadline and indicate possible legal steps.

When is an emergency procedure appropriate and which court is competent?

An emergency procedure can be appropriate for acute health risks or imminent eviction; the district court (Amtsgericht) is often competent.

How-To

1. Document the damage and impairment.
2. Send a written defect notice to the landlord with a deadline.
3. If no response: seek advice from a tenants' association or attorney.
4. In emergencies: file an urgent application at the competent court (Amtsgericht).

Help and Support / Resources

• German Civil Code (BGB) – §§ 535 ff.
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

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1. [1] German Civil Code (BGB) – § 535 ff., Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO), Gesetze im Internet
3. [3] Federal Court of Justice (BGH), information page