Tenant Rights: Managing Parties & Visitors in Germany

Rights and Duties for Parties and Visitors

As a tenant in Germany you may receive guests, but loud parties that unreasonably disturb the community are not allowed. The Civil Code regulates landlord and tenant duties regarding use of the rental property, especially quiet hours and maintenance^[1]. Practically this means: inform, set boundaries, and document conflicts in writing before taking formal measures.

What Does the House Rules Allow?

The house rules may limit normal use (e.g., quiet hours, waste disposal, pets), but they must not conflict with mandatory provisions of the BGB. Individual agreements between tenant and landlord can supplement the house rules. If the house rules overreach, legal review is advisable.

Concrete Steps for Repeated Disturbances

How to react if parties or visitors repeatedly disturb you:

• Document noise: date, time, duration; photos or recordings only as permitted.
• Send a polite but clear message to the perpetrator and inform the landlord in writing with a deadline.
• Contact the landlord or property manager immediately if talks do not help.
• Set reasonable deadlines for improvement; note the dates set.
• If no agreement is reached, consider legal action at the competent local court; the rules of civil procedure apply^[2].

Forms and Sample Texts

Important official forms and sample texts tenants should know:

• Payment order (Mahnbescheid) – a form used to enforce payments or claims; you apply at the competent debt collection court (example: claim for replacement of property damaged at a party).^[3]
• Written warning to the offender – short and factual, with date, specific incidents, and a reasonable deadline for remedy; send a copy to the landlord.

FAQ

Is my neighbor allowed to have unlimited guests?

No. Guests are generally allowed, but frequency and duration must not unreasonably disturb the community. For repeated disturbances, use documentation and inform the landlord.

When can the landlord terminate due to repeated parties?

Immediate termination requires a serious breach of contract, e.g., ongoing, significantly disturbing noise despite warnings. Typically warnings and deadlines are required first.

How do I document disturbances correctly?

Note date, time, duration and type of disturbance; gather witness statements and, if permitted, photos or audio. Send a written complaint to the landlord.

How-To

1. Collect evidence: noise log, photos, witnesses and date/time.
2. Talk to the offender and inform the landlord or property manager in writing at the same time.
3. Send a written warning with a clear deadline and keep a copy.
4. If no improvement occurs, consider filing a claim or eviction at the local court; observe civil procedure rules.

Key Takeaways

• Document disturbances carefully and promptly.
• Set written deadlines and keep evidence.
• If escalation is necessary, the local court handles tenancy disputes.

Help and Support / Resources

• Gesetze im Internet: Civil Code (BGB)
• Federal Ministry of Justice (BMJ) – information and forms
• Federal Court of Justice (BGH) – tenancy decisions

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz (BMJ)