Tenants in Germany: Music with Consideration

As a tenant in Germany it is important to have clear rules for making music in shared living spaces. Whether practice, instrument or home studio – loud music affects neighbors' rights, house rules and tenancy law. This text explains how you as a tenant can agree on consideration, draft a notice and initiate formal steps in case of repeated disturbance. We describe practical wording, rights and obligations according to the BGB, competent courts and which official forms or deadlines to observe. After reading you will know how a fair notice looks, which neighbor conversations make sense and when legal help is necessary. The information is clear and compiled specifically for tenants in Germany.

What tenants should know

As a tenant in Germany there are rights and obligations that affect making music. According to tenancy law the apartment must be habitable and the landlord must carry out repairs^[1]. At the same time the house rules regulate concrete quiet times and community rights; a clearly worded notice can avoid misunderstandings.

Notice for making music

A notice creates transparency: it sets times, contact and rules. Phrase it clearly, avoid legal jargon and offer compromise times.

• Specify permitted times, e.g. weekdays 18:00–20:00.
• Provide a contact for questions (phone or email).
• Note the house rules and possible regulations.
• Document rules on volume and rehearsals with guests.

For repeated disturbances document date, time and type of noise nuisance, inform the landlord in writing and set a reasonable deadline for remedy; if necessary a rent reduction is possible under the rules of the BGB^[1].

Formal steps and courts

If talks and the notice do not help, formal steps may be necessary: written warning, setting a deadline and if necessary filing a lawsuit. The competent first instance is usually the local court (Amtsgericht); appeals go to the regional court and fundamental decisions come from the Federal Court of Justice (BGH)^[3].

FAQ

May I make music at home?

Yes, in principle tenants may make music as long as they observe the house rules, agreed quiet times and contractual provisions; excessive noise can however be restricted^[1].

What to do about noise complaints?

Document the incidents, talk to the neighbors, post a friendly notice and inform the landlord in writing if the disturbance continues.

When is termination due to noise possible?

Immediate termination is only possible in cases of serious, repeated disturbances; courts such as the local court decide after case-by-case review and under procedural rules of the ZPO^[2].

How-To

1. Choose wording: permitted times, contact person and brief rules.
2. Date the notice and post it in a clearly visible place in the stairwell.
3. Inform neighbors personally and try talking first if problems arise.
4. If disturbance continues inform the landlord in writing, set a deadline and, if necessary, initiate legal action^[2].

Help and Support / Resources

• BGB §§ 535 ff.
• ZPO – Code of Civil Procedure
• Federal Court of Justice (BGH)

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1. [1] §§ 535–580a BGB — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de