Tenant Rights: Smoke & Odor Nuisance in Germany

Many tenants in Germany face smoke or odor nuisance from neighbours. As a tenant, you should know your rights under tenancy law, speak to neighbours calmly and document incidents so tenant protection can apply. This article explains in practical terms how to communicate with neighbours, which official forms and deadlines apply, when a rent reduction may be possible and how the local court can be involved. Students in shared housing receive concrete templates and action steps to resolve problems without escalation. We list relevant paragraphs of the BGB, show suitable forms and name the most important authorities and courts so you can assert your claims safely and well informed.

What to do about smoke and odor nuisance?

First: stay calm and act systematically. Observe intensity and frequency of the nuisance, note date and time and collect evidence such as photos, videos or descriptions of the smell. Such evidence is important if you later inform your landlord or assert a rent reduction.

• Keep notes: date, time, duration and effect on living areas.
• Collect evidence: photos, videos and witness names where possible.
• Speak directly: address the neighbour politely and specifically.
• Inform the landlord: send a written defect report with a deadline for remedy.

Rights and legal basis

Tenancy law protects the usability of the apartment; if impaired, a rent reduction may be possible if the landlord does not act. In your defect report, state concrete effects on your living quality and set a reasonable deadline for remedy. Local courts are typically responsible for tenancy disputes.^[1]

Forms and templates

There is no nationwide single "odor form", but you can use the following documents:

• Termination letter (template) for emergencies: only for severe and persistent disturbances after legal advice.
• Defect report to the landlord: describe the defect, consequences and set a deadline for correction.
• Evidence file: logs, photos, witness names and date/time entries.

When to go to court?

If the landlord does not respond to a defect report, you can consider legal options: rent reduction, action to eliminate the defect or, in extreme cases, defending against an eviction suit. Lawsuits follow the civil procedure rules and typically start at the local court.^[2]

How-To

1. Gather evidence: notes, photos, videos and witness names with date and time.
2. Address the neighbour: speak politely and record the conversation.
3. Send a defect report to the landlord with a deadline for remedy.
4. If unresolved, consider rent reduction, legal advice or court action at the local court.

FAQ

Can I reduce my rent if smoke enters my apartment?

Yes, a rent reduction may be possible for substantial impairments. Document extent and duration and inform the landlord in writing.

Who should I contact first: neighbour or landlord?

Contact the neighbour first, document the conversation, and if the problem continues, inform the landlord in writing as well.

Which courts handle tenancy disputes?

The local court generally handles most tenancy cases; appeals go to the regional court and ultimately the Federal Court of Justice.

Key takeaways

• Documentation is crucial: date, time, duration and evidence.
• Communicate first with the neighbour, then put the issue in writing to the landlord.
• If no remedy, the local court can be involved.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§535–580a – gesetze-im-internet.de
• Information on courts and responsibilities – justiz.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a – gesetze-im-internet.de
2. [2] Amtsgerichte und Zuständigkeiten – justiz.de
3. [3] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) – bundesgerichtshof.de