Odor Nuisance: Tenant Rights in Germany

Bad smells, cigarette smoke or cooking odors can strongly affect the living atmosphere. As a tenant in Germany you have rights if odor nuisance reduces the usability of the apartment or affects health. This guide explains step by step how to systematically document odors, which evidence is accepted in court and which sample texts you can use when notifying your landlord in writing or claiming a rent reduction. I describe deadlines, competent courts such as the local court and practical examples for evidence collection with photos, measurement records and witnesses. The goal is to enable you to act so you can resolve conflicts factually or enforce your claims in a dispute.

Odor nuisance and legal basics

Tenancy law in the BGB regulates landlord and tenant duties, in particular the duty to maintain the leased property (§§ 535–536 BGB).^[1] If odors occur, tenants can assert rights such as defect remediation and rent reduction if the apartment's usability is affected. The local court is responsible for many tenancy disputes; appeals go to the regional court and later to the Federal Court of Justice.^[2] The BGH has issued landmark rulings in individual matters that examine odor intensity, duration and reasonableness.^[3]

What rights do tenants have?

Tenants can demand that the landlord remedy the defect, claim a rent reduction or, if necessary, claim damages. Rent reduction depends on the extent and duration of the impairment; there is no fixed percentage. Important steps are giving the landlord a deadline to remedy the defect, communicating in writing and securing evidence.

Collecting evidence

• photo: Take photos with date and time to document the source and location.
• video: Record short videos showing the strength and duration of the odor nuisance.
• record: Keep a logbook with date, time, duration and health symptoms.
• document: Collect and secure correspondence, measurement records and medical reports.

Documenting: Step by step

1. time: Note the date and time of each observation so duration and frequency are traceable.
2. photo: Take photos and short videos showing location and extent.
3. notice: Send a written defect notification to the landlord and request a deadline for remedy.
4. contact: If possible, involve witnesses or the property management and note their statements.
5. court: If there is no remedy, prepare the documents for a lawsuit and observe filing deadlines and evidence requirements.

Forms and templates

There is no mandatory nationwide "defect notification form" in tenancy law, but the following official sources are fundamental:

• Legal text: Read the relevant provisions in the BGB (§§ 535–536 BGB) as the legal basis.^[1]
• Court information: Find jurisdiction and procedures on justice and court sites; the local court is usually the first instance.^[2]
• BGH decisions: Relevant judgments explain which evidence is often decisive.^[3]

Practical template (not an official form): a short letter "Defect notification" with date, description, deadline for remedy (e.g. 14 days) and a warning of legal steps. Example: "Dear Mr/Ms X, since 01/02 severe odor nuisance has repeatedly occurred in the bedroom (see photos). Please remedy the defect by 02/15/2025. Otherwise I will be forced to take legal action." Use this template only as a draft and adapt the data.

FAQ

When can I reduce the rent?

If the apartment's usability is significantly restricted by odor nuisance, a rent reduction may be justified; amount and start depend on the individual case.

Do I have to give the landlord a deadline first?

Yes, you should give the landlord a reasonable written deadline to remedy the defect and document the defect before considering other steps.

Which evidence is most helpful in court?

Photos, videos with time stamps, a complete logbook, measurement records and witness statements are particularly persuasive.

How-To

1. photo: Collect photos and videos with visible time stamps immediately.
2. record: Keep a daily log with time, intensity and possible sources.
3. notice: Write a formal defect notification and send it with proof of delivery.
4. contact: Contact property management or health services if there are health effects.
5. court: Submit the documents to the local court if there is no remedy.

Key Takeaways

• Document date, time and evidence systematically.
• Photos, videos and witness statements are highly effective.
• Always send a written defect notification with a deadline.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• [2] Federal Ministry of Justice – bmj.de
• [3] Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Bundesministerium der Justiz – bmj.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de