Tenants in Germany: Avoid Smoke and Odor Nuisance

Many tenants in Germany experience odor or smoke nuisance from neighbors or shared areas. This text explains in plain language which steps you as a tenant can take to resolve the situation calmly and in accordance with the law. We show how to collect evidence, inform the landlord, observe deadlines and when official or court actions may be necessary. The aim is to avoid escalation while protecting your rights under tenancy law. Practical templates and guidance on official forms make the process easier.

What is smoke and odor nuisance?

Smoke and odor nuisance occurs when foreign smells or smoke impair the quality of living or restrict health and use of the apartment. Under German tenancy law this can be a contractual breach by the landlord or a disturbance by neighbors that affects rights such as rent reduction or injunctive relief.^[1]

First steps: calm and systematic

• Document date, time, duration and intensity of the nuisance.
• Take photos or videos of visible sources and note witnesses.
• Inform the responsible person in writing (email or registered mail) first, then the landlord.
• Name a deadline for remedy (e.g. 14 days) and request confirmation.

When to involve the landlord?

The landlord is obliged to maintain the rental property in a contract-compliant condition. If direct talks with the neighbor do not help, inform the landlord in writing and attach your documentation. Request concrete measures, such as a mediated conversation or technical solutions (ventilation, seals).

Forms and templates

Use clear, concise letters. State the facts, include evidence and a deadline. If necessary, announce that you will consider legal steps if the issue is not resolved. Official legal bases are the regulations in the BGB on landlord obligations.^[1]

Example: Short tenant letter

• Include date/address of sender and recipient.
• Briefly describe the facts and attach evidence.
• Set a 14-day deadline for stopping the nuisance.

If deadlines pass: next steps

If the perpetrator or landlord does not react, consider these options: rent reduction, contacting property management, complaining to regulatory authorities or as a last resort filing a lawsuit at the local court. Eviction claims and enforcement are governed by the Code of Civil Procedure.^[2]

Securing evidence for court

• Keep a continuous log of disturbances.
• Collect witness statements in writing.
• Keep all letters, photos and measurement data.

FAQ

Can I reduce my rent if strong smoke enters?

Yes, in case of significant impairment a rent reduction may be possible; document the extent and duration and inform the landlord in writing.^[1]

Who decides in a dispute?

Disputes about rent reduction or injunctions are usually heard at the local court; on appeal the regional court and possibly the Federal Court of Justice decide.^[3]

Must I set a deadline before filing a lawsuit?

Yes, in most cases you should set a reasonable deadline for the landlord to remedy the situation and document this.

How-To

1. Document the nuisance for at least two weeks with date and time.
2. Write to the responsible person and request cessation.
3. Inform the landlord in writing and attach your documentation.
4. Set a deadline (e.g. 14 days) and announce possible legal steps.
5. If no solution, consider filing at the local court or contacting the regulatory authority.

Help and Support

• [1] Federal Ministry of Justice and Consumer Protection
• [2] Laws on the Internet (BGB and ZPO)
• [3] Federal Court of Justice

1. [1] BGB §535 Mietvertrag - Gesetze im Internet
2. [2] ZPO - Code of Civil Procedure - Gesetze im Internet
3. [3] Federal Ministry of Justice and Consumer Protection