Tenant Guide: Smoke and Odour in Germany

Older people in senior households are often particularly affected when smoke or strong odours enter the apartment. As a tenant in Germany, you have protective rights from tenancy law: these include the landlord's duty to maintain the property, the possibility of rent reduction, and the right to safe and usable living spaces. This text explains clearly how to recognise nuisance, document it, and which forms or steps are sensible to enforce your rights. Practical examples, deadlines and notes on authorities and courts help you make the right decisions and resolve conflicts with as little escalation as possible.

What is smoke and odour nuisance?

Smoke and odour nuisance occurs when smells or tobacco smoke are so strong that they impair the quality of living or create health risks. For senior households, smells from tobacco, cooking or mould are particularly problematic because pre-existing conditions increase risk. It is decisive whether the use of the apartment is impaired and whether the landlord can provide remedies.

What rights do tenants have?

Landlords must keep the apartment in contractual condition and eliminate defects. In case of significant odour or smoke nuisance, a rent reduction may be considered; the legal basis for this can be found in the BGB.^[1] If landlords do not respond, tenants can set deadlines and, if necessary, consider legal steps. Local courts (Amtsgericht) are responsible for tenancy disputes in the first instance; decisions can be appealed to higher courts.^[2]

Landlord obligations

• Determine causes of damage and remedy them promptly (e.g. check ventilation, renew seals).
• Receive and respond to written defect notices.
• Take measures appropriate to health risks, such as cleaning or renovation.

Rent reduction and prerequisites

Rent reduction is possible if the usability of the apartment is impaired. The amount depends on the extent of the restriction and is often assessed by the court in individual cases. Before reducing the rent you should document the defect and inform the landlord in writing.

Immediate measures for senior households

If you have acute problems with smoke or odour, clear, simple steps help. Adjust deadlines and communication to your needs and involve external help immediately if there is a health risk.

• Document date, time and take photos or videos of the impairment.
• Send a written defect notice to the landlord and request remedy.
• Set an appropriate deadline for remedy (e.g. 14 days) and announce consequences.
• Contact the health department or a local advisory service if there is a health danger.

Forms and official steps

There is no single "rent reduction form", but for court proceedings and formal notifications official forms and templates are used. Examples and places where you can find or submit forms are linked in the resources below. In a lawsuit a filing form for the claim at the competent local court may be required.^[2]

When is court action appropriate?

If the landlord does not act despite a deadline and substantial impairments persist, turning to the local court is usually the next step. There you can pursue rent reduction, damages or actions to remove the defect. In complex cases Federal Court (BGH) decisions often provide the legal basis for assessing similar cases.^[3]

Frequently Asked Questions

Can I reduce the rent immediately if smoke enters my apartment?

You can reduce the rent if the usability is significantly impaired, but you should document first and inform the landlord in writing.

Who decides the amount of the rent reduction?

The exact amount is usually assessed on a case-by-case basis; the local court decides, supported by relevant case law.

Will the landlord act immediately in case of health hazards?

The landlord is obliged to eliminate health hazards; in acute danger you should also inform the health department.

How-To

1. Record the problem: date, time, photos, medical findings if available.
2. Send a formal defect notice to the landlord and request remedy.
3. Set an appropriate deadline (for example 14 days) and announce consequences.
4. Check whether a rent reduction is justified and document calculations.
5. If no remedy, file a claim at the local court or obtain legal advice.

Help and Support / Resources

• Gesetze im Internet – BGB §§535–580a
• Justizportal – Information on local courts and procedures
• Federal Court (BGH) – relevant case law

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions