Tenant Checklist: Odour Nuisance in Germany

As a tenant in Germany, unpleasant odours from neighbours, kitchens or mould can significantly affect everyday life. This checklist helps you systematically document odour nuisance, use suitable template letters to contact the landlord and review your rights under tenancy law. You will learn which deadlines to observe, which evidence is useful and when a rent reduction or a report to the local court may be appropriate. The guide is aimed at tenants without legal background and explains step by step how to proceed safely, objectively and effectively to protect your living quality in Germany. We provide template texts for defect notifications and deadlines, explain relevant sections of the BGB and name local courts as contacts for tenancy disputes.

First steps for odour nuisance

Act in a structured way: collect evidence, inform the landlord in writing and set a reasonable deadline. Keep everything in writing because clear documentation strengthens your position in case of a rent reduction or a court dispute^[1].

Practical checklist

• Document the smell: note date, time and duration (date)
• Collect evidence: take photos, videos and measurement logs
• Send a defect notice in writing (use a template/form)
• Set a deadline: state a reasonable timeframe and consequences
• If there is no reaction: consider legal steps and contact the competent local court

Templates and forms

Use standard template letters for defect notifications and deadline setting. Include date, precise description of the odour nuisance, previous attempts to resolve the issue and a clear deadline. Example: "I hereby set a 14-day deadline to remedy the odour nuisance; otherwise I reserve the right to reduce rent and take further legal action."

When a template is useful

• When the landlord initially does not respond
• When you have collected and documented evidence
• When you want to set a clear deadline

What to do if the landlord does not react

If there is no solution within the set deadline, you can consider a rent reduction or legal action if the interference persists. Short-term involvement of an independent expert can clarify causes and health risks. In escalating cases, the local court is responsible; tenancy disputes usually start at the local court, with higher instances being the regional courts and the Federal Court of Justice^[2][3].

Legal basis

Of central importance are the provisions on defects and landlord obligations in the BGB (§§ 535 ff.). Court procedures follow the rules of the ZPO. Inform yourself about the relevant sections and procedures before initiating formal steps^[1][4].

FAQ

Can I reduce the rent because of odour nuisance?

Yes, a rent reduction is possible if the living quality is significantly impaired and the landlord does not act. Documentation and setting a deadline are prerequisites.

How do I write a defect notification?

Describe date, type and frequency of the odour, attach evidence and set a clear deadline for remedy.

Which court is responsible for tenancy disputes?

The first instance is usually the competent local court; higher instances are regional courts and the Federal Court of Justice.

How-To

1. Collect evidence: take photos, videos and measurement logs
2. Send a defect notice: use a template letter and set a deadline
3. Observe the deadline: wait for a response and record the timeline
4. If necessary: consider court action and submit to the local court
5. Seek advice: contact official authorities or the court

Key takeaways

• Documentation is the most important basis for any claim.
• A formal defect notice with a deadline increases pressure on the landlord.

Help and Support / Resources

• [1] §535 BGB — Gesetze im Internet
• [2] ZPO — Gesetze im Internet
• [3] Federal Court of Justice (BGH)

1. [1] §535 BGB — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Federal Court of Justice (BGH)
4. [4] BGB — Gesetze im Internet