Tenant Rights for Smoke and Odour Nuisance in Germany

Smoke and odour nuisance can severely affect your living comfort. As a tenant in Germany you have clear rights: you can report defects, reduce rent or demand urgent remediation if the use of the apartment is impaired. This practical guide explains step by step how to document nuisances correctly, which deadlines apply and when a court may be involved. The instructions include sample actions, real-world examples and references to relevant sections of the BGB as well as the competent local courts. The goal is to give you clear, safe steps so you can enforce your tenant rights without unnecessary risk and within a reasonable timeframe.

What is smoke and odour nuisance?

Smoke or odour nuisance occurs when fumes, smoke or smells from neighboring apartments, outside sources or building systems significantly restrict the use of your apartment. Under the Civil Code (BGB) § 535, the landlord is obliged to ensure the contractual use of the property; in practice this is the basis for claims against nuisances.^[1]

How to complain correctly?

Proceed systematically: document date, time and type of nuisance, inform the landlord in writing and set a reasonable deadline for remediation. Only then are later steps legally secure.

• Evidence collection (evidence): take photos, videos, keep a smell log and record witness names.
• Set deadlines (deadline): notify the landlord in writing and set, for example, a 14-day deadline.
• Written notice (form): send the complaint by registered mail or email with confirmation of receipt.
• Check rent reduction (rent): record the amount and start date of any reduction and seek legal advice if needed.
• Request repairs (repair): demand remediation for technical causes (e.g., ventilation).
• Court action (court): if deadlines lapse, consider filing a claim or eviction suit.

If the landlord does not respond

If the landlord does not act, after expiry of the deadline you can arrange remediation yourself or reduce the rent; in serious cases you can file a lawsuit at the competent local court. Jurisdiction and procedural rules are governed by the Code of Civil Procedure; local Amtsgerichte are the entry-level courts for tenancy disputes.^[2][3]

Frequently Asked Questions

Can I reduce the rent for ongoing odour nuisance?

Yes, if the habitability of the apartment is substantially affected, tenants may reduce rent provided the defect has been properly reported and documented.

How should I notify the landlord?

Preferably in writing with a clear description, deadline and evidence; sending by registered mail or email with receipt confirmation is advisable.

When should I involve the court?

If no remediation occurs after the deadline or there is a dispute about the extent of the reduction or your claims, filing a claim at the local court is an option.

How-To

1. Set a deadline (deadline): give the landlord a clear timeframe (e.g., 14 days) and request remediation in writing.
2. Collect evidence (evidence): document with photos, videos and a log of incidents.
3. Report in writing (form): send a formal complaint by registered mail or email with confirmation.
4. Demand remediation (repair): require concrete corrective measures and set a follow-up deadline.
5. Consider legal action (court): prepare to file a claim at the competent local court if no action is taken.

Help and Support / Resources

• Gesetze im Internet – BGB (info)
• Gesetze im Internet – ZPO (info)
• Federal Ministry of Justice (info)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesministerium der Justiz – Informationen zu Gerichten
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)