Smoking on Balcony: Tenant Rights in Germany
Many tenants in Germany face problems with neighbors who smoke on the balcony. In such cases, affected tenants wonder which documents to collect, which deadlines apply and how they can enforce their rights without unnecessarily straining neighbour relations. This practical guide explains in plain language which evidence and forms are useful, which deadlines for warning letters and possible lawsuits apply, and which authorities or courts are responsible. Using short practical examples, I show how tenants can proceed step by step — from written documentation through a warning letter to contacting the local court — and provide concrete references to legal bases in Germany.
What can tenants do?
First: observe and document. German tenancy law in the Civil Code (BGB) sets out landlord and tenant duties; sections §§ 535–580a BGB can be relevant for impairments of habitability and interferences with usual use.[1] If smoke enters your flat, objective documentation and a warning to the neighbour are sensible. For repeated disturbances a formal warning can follow, and if necessary enforcement through the local court (Amtsgericht) may be appropriate.[2]
Which documents to collect?
- Photos and short videos showing smoke entering the flat.
- A log with date, time and duration of the nuisance.
- All written messages or conversations with the neighbour and the landlord as proof of contact.
Important deadlines
- Report to the landlord without delay: as soon as smoke enters your flat.
- Set a reasonable deadline in the warning letter (often 14 days) to stop the behavior.
- In case of litigation: observe limitation periods and procedural deadlines under the Code of Civil Procedure (ZPO) for filings.[3]
Practical examples
Case A: Persistent cigarette smoke from the flat above. The tenant takes photos and keeps a log, contacts the neighbour personally, then in writing, and informs the landlord. After two unsuccessful warnings the tenant issues a formal warning with a 14-day deadline. If the nuisance continues, the tenant files a claim at the local court.
Case B: Strong barbecue or shisha smoke on the balcony that causes health issues. Here quicker contact with the landlord and, if danger exists, an interim measure may be appropriate; relevant decisions of the Federal Court of Justice (BGH) often provide orientation when balancing ownership and usage rights.[4]
How-To
- Collect evidence: photos, videos and a complete log with date and time.
- Contact the neighbour in writing and request cessation; keep a copy.
- Send a warning letter with a clear deadline (e.g. 14 days) and ask the landlord for a statement.
- Seek advice by phone or in writing from your local tenant advisory service or the local court.
- If necessary, file a claim at the competent local court and attach all evidence and correspondence.
FAQ
- Can I reduce my rent if smoke enters my flat?
- Yes, under certain circumstances a rent reduction is possible if the usability of the flat is impaired; document the extent and duration of the disturbance and inform the landlord in writing.[1]
- Is the landlord obliged to act against balcony smoking?
- The landlord is obliged to keep the rented property in a condition suitable for contractually agreed use; for recurring disturbances he is obliged to take remedial action and, if necessary, mediate.
- Which court is responsible for disputes about smoking?
- Most tenancy disputes fall within the jurisdiction of the local court (Amtsgericht); higher instances include the Regional Court (Landgericht) and, if necessary, the Federal Court of Justice (BGH).
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) – Legal text
- [2] Code of Civil Procedure (ZPO) – Rules and deadlines
- [3] Federal Court of Justice (BGH) – Decisions on tenancy law
