Tenant Checklist: Peace & Privacy in Germany

Many tenants in shared flats are unsure how to correctly complain about repeated disturbances, intrusion into private spaces or ongoing breaches of quiet enjoyment. This guide for tenants in Germany explains step by step how to protect your rights practically, set deadlines and draft formal letters without immediately escalating. You will find guidance on documentation, templates for defect notices and advice on when legal action is appropriate. The explanations remain clear and practical so you can resolve conflicts with housemates or the landlord calmly or respond prepared if needed. Legal foundations are found in the BGB.^[1]

When do you have a right to peace and privacy?

As a tenant you have the right to use the apartment as agreed; landlords must remedy defects and maintain living quality, see §§ 535–580a BGB.^[1] For persistent noise issues, repeated intrusions of privacy or unauthorized entries by third parties you can proceed stepwise: report, set a deadline, document, and if necessary initiate legal steps.

Checklist: Complaints without escalation

• Set a deadline (deadline: 14 days) – Send a letter demanding remediation and specify the date and expected remedy.
• Request repair or removal (repair) – Describe the problem precisely and request remedy in writing.
• Use a form/letter (form) – Use a defect notice or warning template and date the document.
• Collect evidence (document) – Gather photos, noise logs, witness names and dates and secure them.
• Consider court action (court) – If there is no response, the local court is competent; review advice and costs beforehand.^[3]

Forms and templates

Important templates: notice of termination (sample), defect notice or warning. A concrete short example for a defect notice: "I hereby notify the defect X. Please remedy it within 14 days." Such templates help set clear deadlines and avoid misunderstandings. Guidance on procedural questions can be found in the Code of Civil Procedure.^[2]

How-To

1. Prepare a letter (form) – Draft a defect notice with date, description and deadline.
2. Secure evidence (document) – Keep a noise log, take photos and save messages.
3. Seek contact (contact) – Talk first with housemates or the landlord before issuing an official warning.
4. Consider court measures (court) – If deadlines pass, get advice and prepare documents for the local court.^[3]

FAQ

Can I reduce rent because of nighttime noise?

Yes, if the usability is significantly impaired a rent reduction may be possible; document the extent and duration of the noise and inform the landlord in writing. Legal basis: §§ 535 ff. BGB.^[1]

How do I correctly formulate a defect notice?

Describe the defect precisely, state times, attach evidence and set a clear deadline for remedy (e.g. 14 days).

Which court should I contact if there is no response?

In rental disputes the competent court is usually the local court; appeals go to the regional court and possibly to the Federal Court of Justice for fundamental questions.^[3]

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Justice Portal of the Federal Government and the Länder

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Justice Portal of the Federal Government and the Länder