Tenant Quiet Hours in Germany: Legal Guide
What are quiet hours?
Quiet hours are times when avoidable noise should be avoided. Typical night hours in many house rules and local ordinances are from 22:00 to 06:00; specific rules may vary and are often set out in the house rules or rental agreement.
Rights and duties of tenants and landlords
Both parties have duties: landlords must ensure a habitable and quiet-usable apartment, tenants must be reasonably considerate. House rules may contain provisions but must not conflict with mandatory tenancy law.
- Tenants have a right to undisturbed use of the apartment.
- Landlords are obliged to eliminate intolerable noise or take measures.
- Rent reduction is possible if usability is significantly restricted.
- House rules regulate details but must not curtail core tenancy rights.
Concrete steps for noise and disturbances
Act calmly and methodically: first seek conversation, document disturbances and inform the landlord in writing. If necessary, legal action can be considered; the Code of Civil Procedure regulates proceedings such as eviction suits and claims for removal of disturbances.[2]
- Seek a conversation: first talk to neighbors politely and name concrete times.
- Create documentation: keep a noise log with date, time and description.
- Inform the landlord in writing: describe the disturbance, request remedy and set a deadline.
- Observe deadlines: set reasonable deadlines and keep copies of all letters.
- Consider legal action: if no remedy is achieved, litigation at the competent local court may be considered.[3]
- If in doubt, have legal questions clarified by higher courts or precedents.[4]
FAQ
- Which quiet hours apply in general?
- Often night hours from 22:00 to 06:00 apply; exact times are stated in the house rules or may be set by local ordinances.
- Can I reduce rent for persistent noise nuisance?
- Yes, rent reduction is possible if usability is impaired; documentation and setting deadlines are important.
- Who decides disputes about quiet hours?
- In court disputes, the local court is initially responsible; in higher instances, regional courts or the Federal Court of Justice may decide.[3]
How-To
- Check the rental agreement and house rules for existing regulations.
- Keep a noise log with date, time and description of the disturbance.
- Speak to the offender personally before initiating formal steps.
- Send a formal request to the landlord and set a deadline for remedy.
- Consider legal action at the local court if no solution is reached.
Help and Support
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Federal Court of Justice (BGH) — Official Website