Odour Nuisance from Businesses: Tenant Guide Germany

Tenants in Germany sometimes experience odour nuisance from nearby businesses. This practical guide explains clearly and simply how, as a tenant, you can check your rights, document damages and impairments, and negotiate calmly with the landlord or operator. I show concrete steps: from the written defect notice to deadlines to possible rent reductions and court actions. I also name relevant laws, possible forms and which courts or authorities you can contact. The information is practice-oriented and written for non-lawyers so you can act quickly without losing your rights.

What counts as odour nuisance?

Odour nuisance exists when smells permanently or repeatedly impair living quality, make rooms unusable or cause health complaints. This can range from cooking fumes to chemical smells or waste odours. What matters is whether the impairment exceeds the usual level and prevents contractual use of the apartment.

First steps: document and report

Before making demands, document the problem systematically. Date, time, duration, intensity and photos or videos help later in court or negotiations. Note whether neighbours are affected and collect witness statements.

• Record the date and time of each impairment.
• Take photos or videos and write down a description of the smell.
• Ask neighbours if they can confirm the nuisance.
• Collect medical reports if there are health effects.

Formal report: defect notice to the landlord

Send a written defect notice to the landlord with a specific description, deadline and reference to a possible rent reduction. Name the disturbance precisely and request a remediation period. A template letter helps avoid formal mistakes.

• Send a written defect notice with a date (by registered mail or receipt confirmation).
• Set a reasonable deadline for correction (e.g. 14 days).
• Mention possible interim measures (ventilation, air purifiers).

Negotiating with landlord and business operator

If the impairment continues, seek a conversation: factual, documented and with clearly stated demands. Agree in writing on the measures the landlord will take and the timeframe.

• Formulate measures in writing (e.g. odour filters, structural separations).
• Consider mediation or a conciliation body.
• Document all offers, promises and deadlines.

Rent reduction, compensation and legal steps

If nothing changes, a rent reduction may be possible; the legal basis is in the German Civil Code (BGB).^[1] In escalating cases legal action is possible; first instance jurisdiction is usually the local court (Amtsgericht).^[3] Court proceedings follow the rules of the Code of Civil Procedure (ZPO).^[2]

• Consider rent reduction only after written defect notice and careful documentation.
• Examine compensation claims if there are health damages.
• Prepare legal steps with appropriate evidence (photos, witnesses, expert reports).

Important forms and procedural notes

Certain official forms may be required, e.g. applications for payment orders or filing a lawsuit at the competent court. Some services and form information are available on official justice websites; the exact form depends on the procedure. Templates for payment order proceedings are provided.^[4]

FAQ

Can I reduce the rent immediately if odours occur?

You should first notify the defect in writing and document it; an immediate reduction is risky without documentation, but under certain conditions possible.

Who should I inform first: landlord or business operator?

Inform the landlord in writing first, because they are responsible for contractual use; you can inform the operator in parallel.

What evidence helps in court?

Photos, videos, witnesses, medical reports, ventilation logs and the defect notice are key evidence.

How-To

1. Document the problem immediately (date, time, photos).
2. Send a written defect notice to the landlord with a clear deadline (e.g. 14 days).
3. Negotiate factually and request written commitments for remediation.
4. If no improvement, consider rent reduction or legal steps with legal advice.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
• [2] Zivilprozessordnung (ZPO)
• [3] Bundesgerichtshof (BGH) - Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Zivilprozessordnung (ZPO)
3. [3] Information on court system and competencies
4. [4] Bundesgerichtshof (BGH) Decisions