Smoke and Odor Nuisance: Tenants in Germany

As a tenant in Germany you are protected against smoke and odor nuisance, but many questions remain: When may you reduce rent, how do you document evidence, what deadlines apply and when is a court necessary? This article explains in practical terms which rights arise from tenancy law of the BGB^[1], how to draft a written defect notice correctly, which official steps are possible if there is no response and how to secure evidence. You will find clear action steps, notes on relevant forms and contact points such as the local court, and examples of wording. The aim is to guide you safely through the first weeks of an impairment and to show which documents are helpful in a possible proceeding.

What to do about smoke and odor nuisance?

First check whether the nuisance impairs the usability of the flat. For substantial odor or smoke interference a rent reduction may be appropriate; the basics are found in §§ 535–580a BGB^[1]. Documentation and setting deadlines are decisive: send a written defect notice and set a reasonable deadline for the landlord to remedy the issue.

Documentation and evidence

• Note date, time and duration of the nuisance (record).
• Take and save photos or videos (evidence).
• Name witnesses and secure contact details (record).

Deadlines and forms

• Send a written defect notice to the landlord; state reasons and set a deadline (notice).
• Set a deadline for remedy (e.g. within 14 days) (within).
• For acute danger inform the responsible authority (contact).

Rights, rent reduction and court steps

If the landlord does not respond, tenants can under certain conditions reduce the rent, claim damages or, after expiry of a deadline, carry out remedies themselves. Rules of the Code of Civil Procedure (ZPO)^[2] apply to lawsuits, and tenancy disputes are usually heard in the first instance at the local court (Amtsgericht)^[3]. In unclear legal questions decisions of the Federal Court of Justice (BGH) can provide guidance^[4].

How-To

1. Within 14 days send a written defect notice and set a deadline for remedy (within).
2. Collect evidence: photos, videos and witness names (evidence).
3. If there is no response consult a lawyer or mediation service and prepare a lawsuit if necessary (notice).
4. File the case at the local court; draft the complaint according to ZPO §253 (court).

FAQ

Can I reduce my rent because of odor nuisance?

Yes, if the use of the flat is substantially impaired; the amount depends on scope and duration and must be documented.

Does the defect notice have to be in writing?

Yes, a written defect notice with a deadline is recommended to secure later claims.

Which court handles eviction cases?

Eviction cases and tenancy disputes are usually handled in the first instance by the competent local court.

Help and Support

• BGB statute text (notice) — gesetze-im-internet.de
• ZPO text and complaint guidance (notice) — gesetze-im-internet.de
• Information on local courts (court) — justiz.de

1. [1] §§ 535–580a BGB — gesetze-im-internet.de
2. [2] ZPO §253 — gesetze-im-internet.de
3. [3] Information on local courts — justiz.de
4. [4] Federal Court of Justice – tenancy decisions — bundesgerichtshof.de