Odour Nuisance for Tenants in Germany 2025
As a tenant in Germany, persistent odour nuisance can significantly reduce living quality. This practical guide explains step by step how to document odours, meet deadlines and collect court-ready evidence so you can enforce a rent reduction or initiate legal action. The aim is to provide clear actions: which photos and measurements make sense, how to inform the landlord in writing, which forms and deadlines to observe and when the local court (Amtsgericht) is competent. Technical terms are explained simply and illustrated with examples so that non-lawyers can exercise their rights in tenancy law with confidence. I also show which official forms and authorities you can contact, how to involve experts and witnesses, and which costs may be reimbursable. At the end you will find a checklist for court-ready file management.
What to document
A structured file increases your chances in court or negotiations. Collect evidence as early and regularly as possible.
- Photos and videos of affected areas, including timestamps and angles.
- Date and time entries for each incident, ideally with duration details.
- Detailed smell description (intensity, suspected source, frequency).
- Measurements (air quality, humidity) with device list and measurement logs.
- Witnesses with contact details and short written statements.
- All correspondence, warnings and forms exchanged with the landlord.
How to inform the landlord correctly
Inform first, then escalate: set a clear deadline and document receipt. Write the defect notice factually, list concrete incidents and attach evidence photos.
Sample wording: Briefly describe the odour nuisance, give dates/times, request remediation within 14 days and state that you will collect evidence and consider rent reduction if necessary.
Forms and official steps
Key official steps range from written defect notice to obtaining an expert report and filing a suit at the local court. There is no single nationwide "rent reduction form", but judicial procedures use standard forms and guidance on justice portals.
When to get an expert report
If odours are hard to prove, commission an independent expert (e.g., environmental expert or publicly appointed expert). The report should include measurements, methodology and an assessment.
Collecting court-ready evidence
Court-ready means: traceable, plausible and preferably independent. Photo metadata, measurement protocols with calibration proof and written witness statements are important.
- Photos/videos with timestamps and brief descriptions.
- Measurement logs including device and calibration details.
- Witness statements signed and dated.
When the local court (Amtsgericht) is competent
Most tenancy disputes are handled by the local court; there you can file claims for rent reduction, damages or eviction. Smaller dispute values are typically decided by the Amtsgericht, larger amounts by the Landgericht.
If you bring a claim, check the local jurisdiction of the Amtsgericht and the necessary forms or electronic filing procedures on the competent justice portal.[2]
Checklist: your file
- Photos, videos and measurement logs in chronological order.
- All letters to and from the landlord with date and proof of receipt.
- List of witnesses and contact details.
- Quotes and invoices for expert reports or measurements.
FAQ
- Can I reduce the rent because of odour nuisance?
- Yes, fundamentally a significant impairment of usability can justify a rent reduction; the legal basis is in the BGB. Check the scope and duration of the impairment and document it carefully.[1]
- How long does the landlord have to remedy the issue?
- There is no universal deadline; state an appropriate period in your defect notice (often 14 days) and name next steps if there is no response.
- When should I go to court?
- If the landlord does not respond or disputes the reduction, court action at the local court may be necessary. Prior steps such as an expert opinion or mediation are sensible.
Anleitung
- Set a deadline: Notify the landlord of the defect and set a clear remediation deadline (e.g., 14 days).
- Collect evidence: Structure photos, videos, measurement logs and witness statements.
- Check forms: Find required forms on the competent local court or justice portal.
- Commission an expert: If needed, obtain an independent expert report and record the findings.
- Consider legal action: If no agreement is reached, file at the local court or obtain legal advice.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Justizportal – Forms and judicial procedure guidance
- Federal Court of Justice (BGH) – Decisions and summaries
