Tenant Guide: Smoke and Odour Issues in Germany

Many tenants in Germany, especially students, experience smoke or strong odour nuisance from neighbours or communal areas. This affects daily life, health and living quality, but can often be resolved without escalation if you act systematically: document issues, inform the landlord, know official forms and deadlines and prepare legal steps if needed. In this guide we explain in clear steps what duties landlords have under the BGB, which proofs are important and how to file complaints without immediately going to court. You will find template texts, checklists and pointers to responsible authorities in Germany so you can enforce your tenant rights calmly and securely.

What to do about smoke and odour nuisance

Start calmly and solution-focused: speak directly to the person causing the issue to seek a short-term solution. At the same time inform the landlord, because they are obliged to keep the rental in the agreed condition (see BGB ^[1]).

• Within 24 hours: politely address the neighbour and try to clarify the situation.
• Keep timestamps, photos and an odour log as evidence.
• Send a written defect notice to the landlord and set a reasonable deadline.
• Contact counselling centres or your local tenant support organisation.

Documentation and evidence

Good evidence is crucial: keep a detailed log (date, time, duration), take photos of visible consequences (e.g. soot-stained walls), collect witness statements and, if necessary, medical certificates for health complaints.

• Odour and time log: record date, time, duration and intensity.
• Take photo or video evidence with timestamps.
• Note witnesses and secure short written statements.
• Obtain a medical certificate if health symptoms occur.

Forms, deadlines and authorities

There is no single nationwide form for a defect notice; many tenants use their own template letters. For serious cases, extraordinary termination under § 543 BGB may be possible; learn the prerequisites and deadlines. If court action is required, the local Amtsgericht is competent; appeals can go to higher courts up to the BGH (^[3]).

• Defect notice (no nationwide template): state sender, date, description, deadline (e.g. 14 days) and desired remedy.
• Set a deadline and request a confirmation of receipt; note the date.
• In case of health risk: seek immediate medical help and consider notifying authorities.

If nothing helps: legal steps

If the landlord does not react, possible steps include rent reduction, damages claims or extraordinary termination due to danger. Court procedures follow the ZPO rules; pay attention to form and deadlines when filing a lawsuit at the Amtsgericht (^[2][3]).

• Consider rent reduction: only for significant impairment and with proper documentation.
• Issue a warning/ultimatum: send in writing and keep proof.
• File a lawsuit at the Amtsgericht: check jurisdiction and prepare the complaint.
• Seek legal advice: use counselling centres or low-cost legal aid for students.

FAQ

Can I reduce the rent because of smoke smell?

Yes, under strict conditions tenants can reduce rent if the habitability of the flat is impaired; document extent and duration and refer to the statutory basis in the BGB.^[1]

How do I best document odour nuisance?

Keep a log with date, time and duration, take photos or videos and collect witness statements; medical certificates help for health issues.

Where can I turn for help?

The local Amtsgericht handles legal proceedings; for counselling the municipal advisory centres and official justice information pages are helpful.^[3]

How-To

1. Document: collect log, photos, witnesses and medical report if applicable.
2. Write a defect notice: state facts, desired remedy and a deadline (e.g. 14 days).
3. Set a deadline and request receipt confirmation; note the date.
4. Contact counselling or tenant support to review next steps.
5. If no remedy: prepare legal action at the Amtsgericht or consult a lawyer.

Help and Support / Resources

• [1] BGB §§ 535–580a on gesetze-im-internet.de
• [2] ZPO on gesetze-im-internet.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de