Tenant Checklist: Parties & Visitors in Germany
Key rules explained
Most house rules regulate visiting hours, noise protection and the use of common areas. Landlords have duties under the German Civil Code (BGB) to maintain the rental property and tenants have duties to be considerate; relevant provisions can be found in §§ 535–580a BGB.[1] Repeated or extreme disturbances from parties can be classified as a breach of contract and may lead to a warning or, in rare cases, termination.
Concrete steps for disturbances from parties
If a party is disruptive, act systematically: clarify, document, inform and, if necessary, pursue legal action.
- First try talking to the neighbour or host to find an amicable solution.
- Document noise times, take photos or short notes with date and time as evidence.
- If disturbances recur, send a formal warning to the offender or the landlord demanding improvement.
- Observe deadlines: if landlords do not react to warnings, further legal steps may follow.
- If conversations and warnings have no effect, inform the local court about possible civil actions.
What to include in a warning or letter to the landlord
A warning should briefly state the incident with date and time, include specific demands to cease the behavior and set a deadline for improvement. Copies of evidence (photos, notes, witnesses) belong with it. If the landlord does not respond, mention possible next steps such as rent reduction or legal action at the local court.[2]
FAQ
- 1) May I receive visitors as a tenant?
- Yes, tenants may generally receive visitors; restrictions apply only if the visitors unreasonably affect the tenancy or other residents.
- 2) When can a landlord terminate because of parties?
- Termination is possible only for serious or repeated disturbances, usually after a prior warning and only in compliance with legal deadlines.
- 3) Which court handles tenancy disputes?
- Tenancy disputes are usually heard at the local district court (Amtsgericht); for precedent-setting legal questions the Federal Court of Justice (BGH) may be relevant.[3]
How-To
- Step 1: Document the disturbance immediately with date, time and evidence.
- Step 2: Talk to the offender and inform the landlord if necessary.
- Step 3: Send a written warning to the offender and the landlord if needed.
- Step 4: If there is no improvement, consider initiating civil proceedings at the local court.
Help and Support / Resources
- German Civil Code (BGB) §§ 535–580a
- Code of Civil Procedure (ZPO)
- Formulare-Bund.de — official court forms