Tenant Rights for Odor Nuisance in Germany

Odor nuisance from an adjacent business can be distressing for many tenants in Germany and significantly reduce living quality. As a tenant you have rights under the BGB, such as rent reduction or remediation of the defect, but deadlines, evidence and the correct procedure are decisive. This guide explains in plain language how to document odor issues, write formal defect notices, negotiate within deadlines and, if necessary, sue at the local court. We name important statutes, show which official forms are useful and provide practical examples so you can assert your rights without legal expertise. Read the practical steps below so you meet deadlines and secure evidence correctly. If unsure, we name useful authorities and courts in Germany.

Rights and Deadlines

With persistent odor nuisance the issue is often a tenancy defect. Under the German Civil Code tenants may reduce rent or demand remediation of defects^[1]. Deadlines are important: report the defect immediately in writing, set a reasonable deadline for remedy and document the landlord's responses. If no agreement is reached, the local court is competent; there you can file an eviction suit or a claim for defect remediation^[2].

• Collect evidence: date, time, photos, odor logs and witness statements.
• Send a written defect notice to the landlord with a concrete deadline.
• Keep track of deadlines, such as response time and possible litigation deadlines.

Forms and Evidence Preservation

There is no uniform "rent reduction form," but written defect notices and evidence logs are crucial. Collect continuous records: photos, measurements (if available), witness statements and copies of all correspondence. For court proceedings you need a clear presentation of the defect and the attempts to contact the landlord. Forms for civil lawsuits and payment order proceedings can be found on the justice portals of the federal states and at the Federal Ministry of Justice.

Negotiation and Legal Steps

Start with a factual letter: describe the defect, attach evidence and set a concrete deadline for remedy. First try to reach an amicable solution; document every conversation and any promises. If the landlord does not respond or the impairment continues, prepare the lawsuit. The local court is usually competent in the first instance; regarding issues of rent reduction there are various BGH rulings that can serve as guidance^[3].

• Contact your landlord in writing and remain factual.
• Consider mediation or a conciliation board before suing.
• Prepare the filing for the local court carefully.

FAQ

Can I reduce the rent because of odor nuisance?

Yes, in case of significant impairments there may be a right to reduce the rent; the amount depends on the extent of the reduced usability and is decided on a case-by-case basis.

How long do I have to report a defect?

A defect should be reported without undue delay in writing; set a reasonable deadline for remediation.

Where can I turn if the landlord does not react?

If negotiations fail, you can sue at the competent local court or seek legal advice first.

How-To

1. Step 1: Collect evidence and document it in writing.
2. Step 2: Send a formal defect notice with a deadline to the landlord.
3. Step 3: Negotiate in writing and document deadlines.
4. Step 4: If unresolved, file a suit at the local court.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) § 535 – Gesetze im Internet
• [2] Bundesgerichtshof (BGH) – Information and decisions
• [3] Justice Portal of the Federation and the Länder

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 – Gesetze im Internet
2. [2] Justizportal des Bundes und der Länder – Information on courts
3. [3] Bundesgerichtshof – Decisions on tenancy law