Tenant Help: Smoke and Odour Nuisance in Germany
Many tenants in German cities face recurring smoke or odour nuisance that affects daily life and health. As a tenant you have rights under the Civil Code and can act step by step: collect evidence, seek a conversation with the neighbour, send written requests and, if necessary, take official measures. This guide is aimed at tenants in apartment buildings in Germany without a legal background and explains which sections of law matter, which forms exist and how to involve authorities or courts correctly so conflicts can be resolved fairly and legally.
Smoke and Odour Nuisance: Rights and Duties
The landlord is obliged under tenancy law to maintain the apartment in the agreed condition; disturbances of living quality can constitute a breach and give rise to claims under the Civil Code[1]. Documentation and quick action protect your rights and facilitate later measures.
How to Coordinate with Neighbours
Practical steps before taking formal action:
- Document (document): Collect photos, times, dates and a description of the smell or smoke.
- Set deadlines (within): Give the neighbour a deadline of, for example, 14 days to remedy the problem.
- Send written request (notice): Send the complaint by registered mail or email with documentation.
- Seek a conversation (call): Try a calm discussion or mediation via the property manager.
If Talks Fail: Official Steps
If no agreement is reached, you can use official forms and, if necessary, file a lawsuit at the local court; the procedural rules of the Code of Civil Procedure apply to civil proceedings[2]. In many cases the court examines whether a rent reduction is possible or whether a warning or eviction is legally permissible; for higher-instance questions there are decisions of the Federal Court of Justice as precedents[3].
- Submit forms (form): Prepare correspondence, warnings and possibly the lawsuit for the competent local court.
- Consider rent reduction (rent): Reduce rent proportionally for significant impairment and document reasons.
- Court route (court): File a lawsuit at the local court if out-of-court solutions fail.
Examples and Templates
Templates commonly used by tenants:
- Short complaint to neighbour (notice): State the disturbance briefly and factually, set a deadline, provide contact details.
- Letter to landlord/property manager (form): Attach documentation and request remediation; set a deadline.
- Sample lawsuit for the local court (form): If necessary, state claims for damages or injunctive relief and attach evidence.
FAQ
- Can I reduce the rent if heavy smoke enters my flat?
- Yes; for significant and persistent impairment tenants can claim a rent reduction; document the extent and duration of the disturbance and consult the relevant BGB provisions[1].
- Do I have to talk to the neighbour first before taking legal action?
- A personal conversation or a written request is generally sensible and viewed positively by courts; however it is not strictly required before taking formal steps.
- Which court is responsible if a lawsuit is necessary?
- For tenancy disputes the local court is usually competent in the first instance; higher instances are the regional court and, where relevant, the Federal Court of Justice for legal questions[3].
How-To
- Step 1: Document carefully (document) – note date, time, photos and witnesses.
- Step 2: Seek a conversation (call) or mediation with the neighbour.
- Step 3: Send a written request (form) to neighbour and landlord, set a deadline.
- Step 4: Official measures (court) – submit forms and, if necessary, file a lawsuit at the local court.
Key Takeaways
- Documentation is the foundation for any successful complaint.
- Calm dialogue often avoids legal escalation.
- Observe forms and deadlines to protect your rights.
Help and Support / Resources
- § 535 BGB – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet
- Federal Court of Justice (BGH)
