Smoking on Balconies: Tenants' Rights in Germany

Many tenants in Germany wonder whether they may smoke on their balcony and how far landlords can restrict such use. This article clearly and practically explains what rights tenants have, which lease clauses are permissible, and what to do when neighbors or the landlord cause problems. You will learn how to collect evidence, which deadlines apply for warnings, and when going to the local court (Amtsgericht) makes sense. The guidance reflects common case law and names official steps, forms, and contact points for tenants so you can represent your interests securely and lawfully.

What tenants should know

In general, tenancy law regulates landlord and tenant duties, such as maintenance, use of the rented property, and mutual consideration. Restrictions by the landlord are only possible if they are stated in the lease and legally permissible; blanket bans on smoking on the balcony are not automatically allowed, must be proportionate and must not violate the contractual use. For questions on duties and rights see the relevant sections in the BGB ^[1].

Quick steps in a conflict

• Collect evidence: note date and time, take photos or videos and record witnesses.
• First talk to the neighbor or landlord and try to find an amicable solution.
• If disturbance continues: write a formal warning demanding cessation.
• Observe deadlines: set reasonable deadlines in the warning and respond to incoming communications within the stated timeframes.
• If no agreement is possible: bring an action at the competent local court (Amtsgericht) ^[2].

Official sample texts and forms (e.g. information on filing a claim or court forms) are available via the justice portal and court authorities; there you will also find information on procedure and court jurisdiction^[3]. A practical example: in the warning include date/time of the smoke nuisance, demand cessation and set a typical 14-day deadline.

FAQ

Can the landlord generally prohibit smoking on the balcony?

A blanket ban is only permissible if it has been validly agreed and is proportionate; mere odor disturbances can depending on severity be considered a nuisance but do not automatically justify a complete ban.

What can I do about smoke nuisance from neighbors?

Collect evidence, seek a conversation, send a written warning if necessary, and consider filing a lawsuit before the local court as a last resort.

How-To

1. Collect dates, times and photo or video evidence.
2. Talk first to the neighbor in person or in writing and document the conversation.
3. If needed, prepare a warning with a deadline and send it by registered mail.
4. As a last step, file a claim at the competent local court and attach all evidence.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a ^[1]
• Zivilprozessordnung (procedure and claims) ^[2]
• Justice portal: court forms and contact information ^[3]

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Justice portal — forms and court contacts