Rent Reduction for Odour Nuisance in Germany

As a tenant in Germany, unpleasant odours in your home can significantly disrupt daily life. This checklist explains clearly and practically which steps you can take: how to systematically document odour problems, which official rules from the BGB^[1] and which courts are responsible, how to formally notify the landlord and when a rent reduction may be possible. I show sample wordings for letters, outline required deadlines and give tips for securing evidence. The aim is for you as a tenant to assert your rights factually and avoid unnecessary escalation. This guide is aimed at people without a legal background and uses official sources from Germany.

What is odour nuisance?

Odour nuisance occurs when smells from the apartment, neighbours, commercial operations or the surroundings significantly restrict the normal use of rooms. The key question is whether habitability is affected to such an extent that a rent reduction is justified. Assessments depend on the individual case, intensity, frequency and duration.

Checklist: Steps for tenants

• Take photos, measurements and keep an odour log (evidence) with dates and times.
• Notify the landlord in writing, send a defect notice and set a deadline (notice).
• Specify a clear deadline for remedy (deadline).
• Have a specialist inspect or request an expert assessment (repair).
• Calculate rent reduction: proportional reduction of cold rent according to the duration of impairment (rent).
• If no agreement: consider filing a claim at the competent local court (court).

Forms and jurisdiction

For court action, use the provisions of the Civil Procedure Code (ZPO) and the standard forms for claims and applications^[2]. The competent court for the first instance is usually the local district court (Amtsgericht), where tenancy disputes are heard^[3]. General guidance and official publications are available from the Federal Ministry of Justice^[4]. When drafting formal letters include clear dates, descriptions of the impairment and request a deadline for remedy.

Practical sample letter to the landlord

Dear Mr./Ms. [Name], I hereby notify you of a significant odour nuisance in my flat, caused by [source, if known]. Dates, times and concrete impairments: [short list]. I ask for remediation within [deadline, e.g. 14 days]. Until full remediation I reserve the right to an appropriate rent reduction. Yours sincerely, [Name].

FAQ

Can I reduce the rent if strong odour impairs use?

Yes, if the usability of the apartment is restricted a rent reduction may be considered; the exact amount depends on the extent and duration of the impairment.

How do I document odour nuisance correctly?

Keep photos, date entries, a log with times and witness statements; collect expert reports or measurements if available.

Which court is competent for tenancy disputes?

In the first instance the local district court (Amtsgericht) is usually competent, appeals go to the regional court (Landgericht) and precedent questions to the Federal Court of Justice (BGH).

How-To

1. Secure evidence: take photos, keep records and note witnesses (evidence).
2. Inform the landlord in writing and obtain proof of receipt (notice).
3. Set a deadline: give a clear timeframe for remedy (deadline).
4. Arrange for a specialist inspection or expert report (repair).
5. Calculate a rent reduction: consider proportional reduction for the impairment period (rent).
6. If unresolved, file a claim at the local district court or consult a lawyer/mediation service (court).

Help and support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice – information on civil procedure
• Federal Court of Justice (BGH) – decisions and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Information on courts and jurisdiction - Justizportal
4. [4] Federal Ministry of Justice - publications and forms