Tenant Rights: Smoke & Odour Nuisance in Germany

As a tenant in Germany, smoke and odour nuisance can significantly affect living quality and health. This guide explains in plain language which rights you have as a tenant, what duties the landlord holds, and how to systematically document, report and, if necessary, proceed legally. You will find practical steps for defect notifications, notes on rent reduction, deadlines for responses and possible court steps before the local court. The language is deliberately simple so that even without legal background it becomes clear how to collect evidence, use forms and apply for support.

What applies legally to smoke and odour nuisance?

Under the German Civil Code (BGB), the apartment must be handed over and maintained free of defects. If smoke or persistent odours significantly reduce the quality of living, this can constitute a defect and justify a rent reduction.^[1] The rules of the Code of Civil Procedure (ZPO) apply for court proceedings.^[2]

First practical steps for tenants

• Document the date and time of each nuisance with photos, notes and witnesses.
• Collect evidence such as photos, videos, odour logs and witness statements.
• Send a written defect notification to the landlord and demand remediation within a reasonable deadline.
• Contact your tenant association or the municipal advisory office for an initial assessment.

Forms and official steps

Important official applications may become necessary, such as the application for legal aid (Prozesskostenhilfe, PKH) if you want to sue, or filing a lawsuit at the competent local court. The ZPO regulates the procedure and form of the lawsuit.^[2]

• Defect notification (written): No nationwide mandatory form, but required content: description, date, deadline and request for remediation.
• Application for legal aid (PKH): Official form available at courts or online via service portals when litigation costs are an obstacle.^[4]
• Filing a lawsuit at the local court: Civil action under the ZPO to enforce rent reduction or remediation duties.

What can the local court do?

The local court decides most tenancy disputes, such as rent reduction, eviction lawsuits or claims for damages. Higher instances are the regional court and, for fundamental legal questions, the Federal Court of Justice.^[3]

Practical notes on rent reduction

A rent reduction requires that the defect is significant and the landlord has been informed of the disturbance. Observe deadlines: set a reasonable deadline for remediation and announce in the notification which legal consequences (e.g. rent reduction) you will consider if not remedied.

Typical percentage values

The amount of rent reduction depends on the extent of the impairment; there are no universal percentages — court decisions provide orientation. Documentation and evidence are decisive.

FAQ

Can I reduce the rent immediately if neighbors smoke?

You should first inform the landlord in writing and set a deadline for remediation; unilateral retroactive reduction without prior notice is legally risky.

Who is responsible for tenancy disputes?

For most cases the local court (Amtsgericht) is responsible; in appeals the regional court and for fundamental issues the Federal Court of Justice.^[3]

Is there an official form for the defect notification?

There is no nationwide official defect notification form; however, clear information on date, nature of the defect, deadline and desired remediation is essential.

How-To

1. Collect evidence: Record date and time, take photos or videos and collect witness statements.
2. Write a defect notification: Describe the defect, set a reasonable deadline and request remediation.
3. Wait the deadline: Give the landlord time to remedy; document any further occurrences.
4. Seek advice: Contact an official advisory service or tenant association for legal assessment.
5. Legal action: If necessary, file a lawsuit at the local court and apply for legal aid if required.^[2]

Key Takeaways

• Thorough documentation makes rent reduction and court success more likely.
• A clear written defect notification often prompts the landlord to act.

Help and Support / Resources

• BGB §536 Rent Reduction
• ZPO - Code of Civil Procedure
• Federal Court of Justice (BGH)
• Federal Service Portal - Forms & Guidance

1. [1] Bürgerliches Gesetzbuch (BGB) - §536 Mietminderung
2. [2] Zivilprozessordnung (ZPO) - Rules on lawsuits and proceedings
3. [3] Federal Court of Justice (BGH) - Information and decisions
4. [4] Federal Service Portal - Forms and applications (e.g. legal aid)