Tenant Rights Smoking on Balcony Germany
Many tenants in Germany are unsure which documents and deadlines apply when complaining about smoking on the balcony. This section explains clearly which proofs are relevant, when deadlines for warnings or formal notices begin, and which forms are needed in court or at the local court. I describe in practical terms how to gather photos, witness statements and logs, which legal bases in the BGB apply and how to respect deadlines to protect your rights. Concrete wording aids and deadline tables are included.
What applies to smoking on the balcony?
Whether smoking on the balcony is a contractual violation depends on the rental agreement, house rules and the general duties under tenancy law. Landlords must allow residential use and tenants must show consideration; disputes are decided according to the rules of the BGB.[1]
In most cases the BGB protects basic standards of habitation.
Important documents for tenants
The following documents help to substantiate your concern and to support deadlines.
- Photographs and videos with date and time
- Names of witnesses and written statements
- Noise diary or disturbance log with dated entries
- Written defect/complaint notice to the landlord
- Copies of warnings or landlord responses
- Lawsuit documents or injunctive relief application for the competent local court
If possible, send defect notices by registered mail with return receipt.
Deadlines and forms
Deadlines depend on the specific case: respond promptly to warnings and set reasonable deadlines. For court actions the rules of the ZPO and local requirements of the local court apply.[2]
- Warning: typically respond within 14 days
- Set a deadline for remedy in writing
- Lawsuit/injunction: file at the competent local court, forms available there[3]
Key takeaways
- Document incidents with date and time.
- Observe deadlines and respond quickly to warnings.
- Prepare documents before taking legal steps at the local court.
FAQ
- Is a neighbor allowed to smoke on the balcony?
- Smoking on the balcony is not automatically prohibited; it depends on the tenancy agreement, house rules and what is reasonable for other tenants.
- What evidence helps in a complaint or lawsuit?
- Photos, time-stamped videos, written witness statements and a noise diary are crucial to prove repeated disturbances.
- What deadline do I have after a warning?
- There is no uniform statutory deadline; however, 14 days are often considered reasonable to remedy the issue.
How-To
- Document each incident immediately with date and time.
- Send a written defect notice to the landlord and demand remedy.
- Set a clear deadline to remedy and note its expiry.
- Collect witness statements and copies of all correspondence for your file.
- If necessary, file a lawsuit or injunction at the competent local court.
Help and Support / Resources
- Civil Code (BGB) – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
