Tenant Rights: Smoking on Balconies in Germany

Many tenants in Germany face conflicts when smoking occurs on balconies. Neighbors complain about odor nuisance, landlords ask about rules in the lease, and it is often unclear which rights tenants have. This article explains clearly and practically what tenants need to know about smoke on the balcony: when a landlord can intervene, which wording in a warning letter is helpful, and how a sample template should be structured. We also show how to gather evidence and meet deadlines so your interests are protected. Read the practical steps below to prepare a formal complaint or warning letter.

Legal background

German tenancy law regulates landlord and tenant duties in §§ 535–580a of the BGB and contains principles on restrictions of use and rent reductions.^[1] In court disputes, the rules of the Code of Civil Procedure apply.^[2]

When can intervention occur?

A landlord or legal measure can be justified if smoke affects health, there is persistent odor nuisance, or neighbors are unreasonably disturbed. Severity, frequency, and the extent of impairment are decisive.

• If persistent smoke impairs the living quality or health of neighbors.
• When complaints repeat without improvement after informal talks.
• If the lease contains an explicit smoking rule that is violated.

How to document a nuisance

Good documentation increases your chances of enforcing rights. Keep a log of date, time, duration and type of nuisance and collect photos or audio recordings where possible.

• Record date, time and duration of each incident.
• Report complaints in writing to the neighbor and the landlord.
• Gather written statements from other affected neighbors as witnesses.

Sample template: Warning letter (example text)

The warning should be clear, factual and dated. State the specific conduct, time(s), request to cease and a deadline for remediation. Example:

Warning regarding balcony smoke
Date: [DD.MM.YYYY]
Dear Mr./Ms. [Name],
I hereby warn you regarding repeated smoke nuisance from your apartment on [date(s)]. I ask you to stop the nuisance within 14 days. If the nuisance continues, I reserve the right to take further legal action.

Official sample letters from the Federal Ministry of Justice can be helpful for formal documents.^[3]

If court proceedings are necessary

If no agreement is reached, landlords or tenants can initiate court proceedings at the competent local court. The Code of Civil Procedure regulates deadlines and procedures.^[2]

FAQ

Can neighbors smoke on the balcony?

Generally yes, if it does not unreasonably restrict the contractual use of the rented property; however, excessive or health-relevant nuisance can be prohibited.

Can the landlord ban balcony smoking altogether?

A general ban is only effective if agreed in the lease or if a serious disturbance occurs; cases must be assessed individually.

How do I draft a proper warning letter?

Be factual, include date, concrete incidents, a request to stop, and a reasonable deadline (e.g., 14 days).

How-To

1. Document incidents in detail with date, time and witnesses.
2. Address the issue personally and seek an amicable solution.
3. If necessary, send a written warning with a deadline.
4. If no improvement occurs, consider legal action at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
• Zivilprozessordnung (ZPO) - gesetze-im-internet.de
• Bundesgerichtshof - Decisions and guidance

1. [1] gesetze-im-internet.de - Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] gesetze-im-internet.de - Zivilprozessordnung (ZPO)
3. [3] bmj.de - Federal Ministry of Justice: sample forms and templates
4. [4] bundesgerichtshof.de - Decisions of the Federal Court of Justice (BGH)