Odour Nuisance from Business: Tenants in Germany

As a tenant in Germany, unpleasant odour from neighboring businesses can significantly reduce your living quality. This guide explains clearly how to systematically document odour nuisance, what rights exist under tenancy law and when a rent reduction may be possible. You will learn which photos, time logs and evidence hold up in court, how to inform the landlord and which deadlines to observe. Practical template texts and notes on the competent courts and official forms help you to address disputes factually and in a legally sound manner. The aim is for you as a tenant to decide confidently when a complaint, reporting to the public order office or legal action is appropriate. We also show which evidence convinces the local court and how to set deadlines for a landlord's response. At the end you will find a printable checklist.

What counts as odour nuisance?

Odour nuisance occurs when emissions from a business continuously or repeatedly affect your apartment and reduce its usability. As a tenant you should distinguish between short-term odours (e.g. during deliveries) and persistent or health-hazardous odours. If health risks exist, the public order or health authority may be contacted.

Documenting for court

Good documentation increases the chances of success. Collect photos, date/time records, witnesses and written notifications to the landlord. Make sure evidence is consistent and verifiable.

• Take photos with date and time (time) and keep them.
• Photograph from several angles and store video clips as evidence (evidence).
• Keep written time logs: date, time and duration (calendar).
• Collect witness statements with contact details (contact).
• Inform the landlord in writing and set a reasonable deadline for remedy (notice).
• If there is a health risk, notify the public order or health authority (safety).

Rights, deadlines and courts

As a tenant you have rights under tenancy law; core rules are found in the BGB.^[1] If the usability of the apartment is reduced, a rent reduction may be possible. Inform the landlord in writing and set a reasonable deadline for remedy. If no solution is reached, the local court (Amtsgericht) is the first venue for tenancy disputes.^[2]

For larger dispute values or appeals, the regional court or Federal Court of Justice are relevant; procedural rules are set out in the ZPO. In justified cases consider an application for legal aid (Prozesskostenhilfe, PKH) to cover court costs.^[3] For case-law guidance, consider decisions of the Federal Court of Justice.^[4]

Important forms:

• Civil complaint form (file a suit at the local court) — Use this form when filing a claim at the local court; example: you claim damages or back rent due to habitability loss.
• Application for legal aid (PKH) — Apply if you cannot afford court costs; example: covers court fees and lawyer costs.

FAQ

Can I reduce the rent because of odour?

Yes, a rent reduction may be possible if the apartment's usability is impaired. Check the severity and duration and document everything carefully. Legal basis is tenancy law in the BGB.^[1]

Do I have to inform the landlord first?

Yes. Inform the landlord in writing, describe the impairment, attach evidence and set a deadline for remedy. Only if the landlord does not respond should you take further steps.

When does the case go to the local court?

If out-of-court solutions fail or claims are not met, you can file a suit at the competent local court; facts and evidence are then examined there.^[2]

How-To

1. Observe: record start, frequency and intensity of the odour (time).
2. Collect evidence: secure photos, videos and witness contacts (evidence).
3. Inform landlord: send a letter and set a deadline for remedy (notice).
4. Notify authority: inform the public order or health office if necessary (contact).
5. Prepare legal steps: review forms and consider filing at the local court (court).

Help and Support / Resources

• Gesetze im Internet – BGB
• Justizportal – information on courts
• Federal Court of Justice – decisions

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1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Justizportal – Informationen zu Amtsgerichten
3. [3] Bundesministerium der Justiz – Informationen zur Prozesskostenhilfe (PKH)
4. [4] Bundesgerichtshof (BGH)