Smoke and Odor Nuisance: Tenant Rights in Germany

Many tenants in Germany experience smoke or odor nuisance from neighbors or building systems. In this article I explain what rights tenants have, how to document nuisances correctly and when rent reduction, a warning or involving the local court is appropriate. The steps are practical and tailored to common situations: from short-term inconvenience to persistent health risks from mold or poor ventilation. I provide sample wording for written complaints, which deadlines to observe and which official forms or authorities can help. The goal is to resolve disputes without unnecessary escalation and to secure your living quality in Germany.

What tenants should know

As a tenant you are entitled to an apartment without defects; the basics are set out in §§ 535–580a of the German Civil Code (BGB).^[1] Procedural rules for court actions are in the Code of Civil Procedure (ZPO).^[2] In many cases, clear documentation and a written request to the landlord are sufficient before legal steps become necessary.

First steps

• Record the date, time and type of the nuisance.
• Collect photos, videos and witness statements.
• Send a written complaint to the landlord (registered mail recommended).
• Set a deadline: 14 days is a common period to remedy the issue.
• Consider whether a rent reduction is appropriate due to reduced habitability.

Resolving disputes without escalation

Many disputes can be solved through clear communication. Describe the nuisance factually, attach your documentation and request a reasonable deadline for remedy. If the landlord does not respond, further steps are possible: warning, rent reduction or, as a last resort, court action at the competent local court.^[3] In complex cases, decisions of the Federal Court of Justice (BGH) can clarify legal positions.^[4]

• Send a formal warning or have it delivered by a lawyer.
• Assess rent reduction and, if applicable, retain part of the rent; document scope and duration.
• If out-of-court measures fail, file a lawsuit at the local court.

FAQ

Can I reduce rent because of smoke or odor nuisance?

Yes, under certain conditions tenants can reduce rent; the extent, duration and documentation of the impairment are important.

How do I document odor nuisance properly?

Note date and time, take photos or videos, collect witness statements and send a written complaint to the landlord.

When should I contact the local court?

If the landlord does not respond and out-of-court measures remain unsuccessful, a lawsuit can be filed at the competent local court.

How-To

1. Document: record date, time, type of nuisance and collect evidence.
2. Send a written complaint by registered mail to the landlord.
3. Set a deadline (e.g. 14 days) and announce further measures in case of no remedy.
4. If the problem persists: prepare a case for the local court and check eligibility for legal aid.^[5]

Help and Support

• German Civil Code (BGB) – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Information on legal aid (PKH) – bundesjustizamt.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Local courts (competence and information) — justiz.de
4. [4] Federal Court of Justice (BGH) — bundesgerichtshof.de
5. [5] Application for legal aid (PKH) — bundesjustizamt.de
6. [6] Forms for filing a civil complaint — justiz.de