Tenant Rights & House Rules in Germany
What to do about disturbances from parties and visitors?
Many tenants in Germany face conflicts due to noisy visitors or parties in multi-tenant buildings. These situations strain neighbourhoods but can often be resolved without a lawyer. As a tenant, you should know your rights: landlord maintenance duties, house rules and possible steps such as documentation, warnings or rent reduction. This practical guide shows concrete actions for calmly talking to neighbours, using templates for warnings and preparing legally sound steps if necessary. All guidance follows German law, especially relevant provisions of the BGB[1] and rules of civil procedure[2].
Always start with a direct conversation and document date, time and type of disturbance. If direct contact fails, follow up with written steps and, as a last resort, court action at the competent local court[3].
Immediate actions
- Note the date, time and duration of noise and disturbances.
- First try to speak with the person causing the disturbance and nearby neighbours.
- If disturbances repeat, send a written warning specifying the facts.
- Collect photos, videos or a noise log as evidence.
- Inform the landlord and prepare, if necessary, a report or lawsuit.
Official forms and templates
Warning letter (no statutory form): A warning is usually an informal letter from the tenant to the offender or the landlord that states the specific disturbance, date/time and a demand to stop. Example: you document three incidents and demand cessation within 14 days.
Rent reduction (no official state form): There is no standardized government form for rent reduction; tenants send a written statement to the landlord stating the percentage and start date. Example: for a prolonged lack of heating in winter you may reduce rent proportionally and state the reasons.
Lawsuit/application at the local court: For court action use the forms required by the court; contents follow the Civil Procedure Code and local form requirements. Example: if the landlord fails to act after warnings, file a claim for injunctive relief and possibly damages.
Key things to know
- The house rules can regulate behaviour but do not replace statutory law.
- Observe deadlines: response times for warnings and lawsuits are critical.
- Documentation increases your chances of success in disputes.
FAQ
- Can I reduce rent because of a party?
- A rent reduction is possible if the usability of the apartment is significantly impaired. Document the disturbance and inform the landlord in writing before reducing the rent.
- Can the landlord enter the apartment because of visitors without notice?
- No. The landlord generally needs your consent or a legal basis for entry. Emergencies are an exception.
- When is the local court competent?
- For civil disputes related to tenancy such as eviction claims, rent reduction matters or compensation claims, the local court is often competent in the first instance.
How-To
- Start a conversation and try to reach an amicable solution.
- Keep a noise log with dates and times.
- Send a written warning to the offender and the landlord.
- Collect evidence (photos, videos, witness statements).
- Consider court action at the local court as a last step.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH) – Decisions and Information