Tenant Guide: Odor Nuisance in Germany

Many tenants in Germany experience severe odor nuisance that can impair living conditions and health. This guide explains in plain language when odors qualify as a defect, what rights tenants have and how to pursue expedited proceedings at the local court. You will learn how to document odor sources, set deadlines, secure evidence and apply for rapid interim relief. Practical tips show which forms and proofs are important, when rent reduction may be possible and how to avoid missing deadlines. The aim is to support tenants practically in enforcing their rights without complicated legal jargon. At the end you will find a short how-to, FAQ and official sources for forms and court guidance.

What is odor nuisance?

Odor nuisance exists when smells significantly restrict the use of the apartment and exceed ordinary tolerance limits. Whether this constitutes a defect depends on intensity, frequency and duration. Examples include persistent industrial, sewer or animal odors entering living spaces. The critical question is whether the defect impairs the usability of the rented property.

Expedited proceedings and legal basis

For quick relief, tenants can apply for interim injunctions or bring an urgent case before the local court. Key legal bases are the BGB on landlord obligations and rent reduction^[1] and the ZPO for procedural rules^[2]. The expedited application must show urgency, concrete impairments and a prospect of success.

Practical steps for tenants

• Collect evidence (document): Photos, odor logs, witness statements and dates.
• Set deadlines (calendar): Give a reasonable cure period, e.g. 14 to 30 days, and state a "by" date.
• Send a formal defect notice (form): Notify the landlord with description, deadline and requested remedy.
• Prepare an urgent application (court): If there is no response, seek interim relief at the competent local court.
• Check repairs (repair): Request repairs or independent measurements if technically required.
• Seek contact (contact): Ask the competent authority or court for procedural guidance.

What must the file include

Your file should contain the defect notice, photo and video evidence, logs with times, witness statements and copies of all correspondence. State concrete effects on use and health. If measurement data exist, attach them and note who performed the measurement.

FAQ

When can I reduce rent?

You can reduce rent if the apartment's use is substantially restricted by the odor; the amount depends on the extent of impairment and must be well documented.

Do I have to set a deadline for the landlord first?

Yes, in many cases a reasonable deadline to remedy the defect is required; in acute health risks an urgent application without a prior deadline may be appropriate.

Which court is competent?

The local court (Amtsgericht) is competent for most tenancy disputes; appeals go to the regional court and revisions to the Federal Court of Justice (BGH).^[3]

How-To

1. Collect evidence (document): Photos, logs, witness statements and medical certificates if needed.
2. Send a formal defect notice (form) to the landlord and set a clear deadline.
3. Wait the deadline and document any further nuisance during that period.
4. Apply for interim relief or file an urgent case at the local court if there is no remedy (court).
5. Use court or authority support and present all documents during proceedings.

Help and Support / Resources

• BGB §535 ff. – Landlord duties and rent reduction
• ZPO – Procedural rules
• Federal Court of Justice (BGH) – Case law

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff., gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO), gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH), bundesgerichtshof.de
4. [4] Justice Portal Germany – Courts and forms, justiz.de