Tenant Rights for Odour Nuisance in Germany

Odour nuisance from a commercial unit in the building can affect living quality and health. As a tenant in Germany you have concrete rights: you can require the landlord to remedy the issue, set deadlines, claim a rent reduction, or — if necessary — proceed to court. It is crucial to document the disturbance systematically and within deadlines so your evidence holds up in the local or regional court. Note times and intensity, collect photos or videos, record witnesses, and send a written defect notice to the landlord. This practical guide explains which records matter, which deadlines apply and how to proceed securely and traceably.^[1]

What to do about odour nuisance?

Start with a clear, written defect notice to the landlord. Describe the location, type and times of the odour nuisance and request a reasonable deadline for remedy. Keep proof of delivery (registered mail or email with read receipt). If the landlord does not respond, escalate step by step: set another deadline, inform the health authority, consider rent reduction or legal action.

Court-proof documentation

• Take photos and videos with date and time stamps.
• Keep an odour log: record date, time, duration and intensity.
• Document witness names and contact details.
• Send a written defect notice to the landlord and prove delivery.
• Record deadlines: note when you sent the notice and the deadline you set for remedy.

Rights and legal basis

Under tenancy law, tenants are entitled to remedy and possibly rent reduction when the dwelling is significantly impaired. Local courts (Amtsgericht) decide first; appeals go to regional courts and the Federal Court of Justice for legal principles. Rules of civil procedure apply when filing claims. Use your logs as evidence when asserting a rent reduction or defending against eviction.^{[1] [2] [3]}

How-To

1. Send a written defect notice to the landlord immediately, including date, description and a deadline for remedy.
2. Keep an odour log with times, duration and intensity of the disturbance.
3. If health concerns arise, inform the competent health authority and document the report.
4. If no agreement is reached, consider rent reduction or court action at the local court.
5. Keep all records and check eligibility for legal aid (process cost assistance) if needed.

Frequently Asked Questions

Can I reduce the rent if commercial odours affect my apartment?

Yes, if the useability of the apartment is significantly impaired, rent reduction may be possible; the amount depends on the extent and duration of the nuisance.

What should the defect notice include?

The notice should be written, dated and ideally set a deadline for remedy. Describe location, nature and specific times of the odour nuisance.

Which authorities are responsible?

In legal disputes, local courts handle the first instance; for health issues contact the local public health authority.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH) – Decisions