Tenant Rights: Smoke and Odor in Germany

As a tenant in Germany, smoke or odor nuisance in a shared flat can severely affect daily life. Students and flatshares are often especially affected because spaces are small and rental agreements flexible. This guide explains in plain language what rights tenants have, how to preserve evidence, which deadlines apply and which official forms or courts are responsible. Read practical steps for direct communication with flatmates and the landlord, how to file written complaints about disturbances and how to prepare rent-reduction or lawsuit cases. I name the relevant sections of the BGB, refer to ZPO procedures and provide sample letters you can adapt. At the end you will find a short FAQ and a simple step-by-step how-to for quick action.

What to do about smoke and odor nuisance?

First: document and communicate. Note date and time, take photos or short videos and record witnesses. This documentation is often decisive when enforcing rights (^[1]).

• Secure evidence: photos, timestamps, witness names (evidence).
• Talk to roommates or neighbors first and try to find a solution (contact).
• Notify the landlord in writing and request remedy; set a deadline by email or letter (notice).
• Check technical causes: ventilation, mold or faulty exhausts, and demand necessary repairs (repair).
• If no agreement is possible: consider legal action and prepare a claim at the local court (court).

Which legal basics and deadlines apply?

Generally, §§ 535–580a of the German Civil Code (BGB) regulate landlord and tenant duties, such as rent reduction for impairments. Use these provisions to prepare claims^[1]. For court actions and lawsuits, the rules of the Code of Civil Procedure (ZPO) apply; observe formal and deadline requirements for filing and service^[2].

Practical examples and templates

A short template to the landlord can include: date, brief description of the nuisance, documented incidents, a set deadline for remedy, and a note about rent reduction if no action is taken. If you fear eviction or escalation by the landlord, find out which court is responsible; tenancy disputes are usually heard by the local court (Amtsgericht), appeals at the regional court (Landgericht), and the Federal Court of Justice (BGH) decides fundamental cases^[3].

FAQ

Can I reduce my rent if smoke gets into my apartment?

Yes, tenants may reduce rent for significant impairment. The amount depends on the severity of the disturbance and should be well documented.

What if my flatmate smokes and does not respond?

Try talking first, document the disturbance in writing and inform the landlord. Consider serving a written warning if necessary.

Where can I turn if the landlord does not help?

Contact the competent local court or an official legal advice office; tenants can also seek counsel from official authorities.

How-To

1. Step 1: Document immediately — record date, time, photos and witness statements (deadline).
2. Step 2: Seek dialogue — speak to flatmates directly and ask for changes (contact).
3. Step 3: Report in writing — inform the landlord, set a deadline and keep records of replies (notice).
4. Step 4: Check technical defects — request repairs if ventilation or exhaust systems are affected (repair).
5. Step 5: Legal action — prepare a claim at the local court and submit organized evidence (court).

Help and Support

• [1] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
• [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
• [3] Federal Court of Justice (BGH) — Decisions and Information

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