Smoke and Odor Nuisance: Tenant Rights in Germany

What is smoke and odor nuisance?

As a student, strong smoke or odor nuisance can significantly restrict your use of the flat. Under tenancy law, landlords are responsible for maintenance and the contractual usability of the dwelling; duties are set out in the BGB.^[1] If odors impair living quality or health, this may constitute a rental defect and give rise to claims such as defect remedy or rent reduction.

Initial steps for students

• Send a written defect notice to the landlord and note the date.
• Collect photos and measurements as evidence.
• Set a deadline (e.g. 14 days) and state a grace period.
• Contact the landlord, and if needed inform the property manager and neighbors.

Forms and templates

There is no mandatory uniform form for a defect notice, but you should include the date, an exact description of the defect and a reasonable deadline. Templates for termination letters or defect notices are available from the Federal Ministry of Justice as guidance.^[4] Example: "I hereby notify the defect due to ongoing odor nuisance and set a deadline for remedy until DD.MM.YYYY." After the deadline you may consider rent reduction.^[1]

If the landlord does not respond

If the landlord does not respond to the defect notice, continue documenting the timeline and deadlines. For persistent impairment you may reduce the rent; the legal basis is in the BGB. For court actions such as eviction claims or general lawsuits the ZPO applies and jurisdiction is usually at the local court (Amtsgericht).^[2][3]

Frequently Asked Questions

Can I reduce the rent?

Yes, if the usability of the flat is restricted by odors, a rent reduction may be possible. The amount depends on the extent of the impairment and should be well documented.

Do I have to move out if odors remain?

No, moving out is usually not automatically required. In severe cases a termination or eviction action may follow; the competent courts are Amtsgerichte and procedures are set out in the ZPO.

How-To

1. Document: take photos, record dates and witnesses.
2. Send a written defect notice to the landlord with a clear deadline.
3. Wait the deadline and gather responses and evidence.
4. If impairment continues, consider and calculate a rent reduction.
5. If escalated, consider filing at the local court and prepare documents.

Help and Support

• Gesetze im Internet
• Information on local courts and jurisdiction.
• Federal Ministry of Justice

1. [1] Bürgerliches Gesetzbuch (BGB),
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH)
4. [4] Federal Ministry of Justice