Tenants in Germany: Proving Neighbor Harassment
Proving Neighbour Harassment
As a tenant in Germany, you have rights when repeated harassment or disturbances by neighbours reduce your living quality. Important legal bases are in the BGB (tenancy contract, landlord and tenant duties)[1] and court procedures in the ZPO for lawsuits and eviction proceedings[2]. The goal is to gather reliable indicators so that rent reduction, injunctions or damages can be clearly justified.
Which types of evidence help
- Photos (photo) of damage, dirt or items causing nuisance.
- Audio/video recordings (video) for recurring noise, if legally allowed.
- Messages and emails (document) with insults or threats.
- Witness statements (record) with names, dates and short descriptions.
How to document incidents
Use an incident log with date, time and a short description. Secure digital files in an ordered folder structure and make backups. Notify the landlord in writing and demand remediation.
- Deadlines (days): record the date of the incident and the deadline set to the landlord.
- Written correspondence (form): send by registered mail or email with confirmation of receipt.
- Contact witnesses (contact) and obtain short written statements.
When to go to the local court (Amtsgericht)?
If the landlord does not respond or there are injunction claims, a lawsuit at the Amtsgericht may be necessary. The Amtsgericht decides many tenancy disputes, such as rent reduction or eviction cases. Collect all indicators beforehand and document attempts to resolve the issue amicably with the landlord.
Forms and templates
Important official forms and routes include:
- Payment order application (Mahnantrag): If claims exist (e.g. damages), a payment order can be filed; example: for repeated repair costs you request compensation via a payment order.
- Lawsuit form at the local court (complaint form): If the landlord fails to act, a suit can be filed; example: injunction and damages for repeated harassment.
Use official justice portals and forms for concrete templates and electronic filing.[3]
FAQ
- How do I start collecting evidence?
- Keep a written log with date and time, take photos/videos lawfully and secure messages and witness statements.
- What rights do I have against the landlord?
- Landlords must ensure habitability; in case of disturbances rent reduction, injunctions or damages may be options.
- When should I seek legal help?
- If the landlord does not respond or harassment continues, seek legal advice or file a suit at the local court.
How-To
- Start documentation (document): Note date, time and type of disturbance.
- Secure evidence (photo): Collect and date photos, audio/video and messages.
- Inform the landlord (form): Set a deadline in writing and demand remediation.
- If necessary, sue (court): Prepare and file a lawsuit at the local court.
