Rent Reduction for Odour Nuisance in Germany

Odour nuisance from neighbours, pipes or businesses can seriously reduce living quality. As a tenant in Germany you have rights: under certain conditions you can reduce rent, require the landlord to fix the problem and, if necessary, take legal action. This practical guide explains clearly which deadlines to observe, how to document defects and which official forms or courts are responsible. You will also find useful example wording for notices to the landlord and guidance for acute health hazards. In addition, learn how to set deadlines in writing, typical reduction rates and when to involve the public health office. At the end you will find FAQs, a step-by-step guide and links to official forms.

Legal framework

The basis for tenancy law and rent reduction is the Civil Code (BGB), in particular the rules on defects of the rented property and the landlord's duties.^[1] A defect exists if the use of the dwelling is significantly impaired. Local court (Amtsgericht) is usually competent in first instance tenancy disputes.^[2]

When can you reduce rent?

• Set deadlines (deadline): Ask the landlord in writing to remedy the issue within a reasonable period.
• Document defects (photo): Keep photos, an odour diary with date/time and witness statements.
• Write a defect notice (notice): Send a clear written defect notice by registered mail or email with read receipt.
• Demand repairs (repair): Request specific remediation and set a deadline; if ignored, a rent reduction may follow.

Practical steps for odour nuisance

Concrete procedure: document the defect, send a written defect notice, set a reasonable deadline and keep all correspondence. If there are health risks, also inform the public health office. If the landlord does not act, you may reduce the rent proportionally and, if necessary, file a lawsuit at the local court.^[2]

Sample defect notice

Dear Mr/Ms [Name], I hereby notify you of a substantial defect in the rented dwelling: since [date] there has been repeated strong odour nuisance originating from [source]. Please remedy the defect by [date, e.g. within 14 days]. I point out that I will consider a rent reduction if the defect persists. Sincerely, [Your Name]

FAQ

When can I reduce the rent?

You may reduce rent if the usability of the dwelling is significantly limited by the odour. The legal basis is laid down in the BGB.^[1]

How large can the rent reduction be?

The amount depends on the extent of the impairment and is often measured as a percentage of the gross rent; there is no fixed table, decisions are case-specific and follow case law.^[3]

Where do I turn if the landlord does not respond?

If the landlord does not respond, you can go to the local court or seek legal assistance; the rules of the Code of Civil Procedure apply to lawsuits.^[2]

How-To

1. Document (document): Collect photos, date/time, odour diary and witnesses.
2. Inform landlord (notice): Send a written defect notice with a deadline.
3. Observe deadline (deadline): Wait for the set deadline and record the landlord's response.
4. Next steps (court): If there is no response, consider rent reduction, contacting the public health office or filing a lawsuit at the local court.

Key takeaways

• Set deadlines (deadline): Respond in writing and within the correct time frames.
• Keep records (photo): Secure evidence systematically.
• Health protection (safety): Inform the public health office if health is at risk.

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof (BGH)