Tenants: Music in Apartment Buildings in Germany
Making music can bring joy in apartment buildings but also cause conflicts between tenants and landlords. This article explains in plain language what rights and obligations tenants have in Germany, how house rules and the Civil Code regulate noise, and which practical steps help resolve disputes amicably. You will learn when rehearsals or instrument playing are permissible, how to document noise, when to file a complaint with the landlord or the local court, and which deadlines to observe. The goal is to give clear action steps so you can respect neighbors and still make music. I provide practical examples, relevant sections like §§ 535–580a BGB and the competent courts, plus tips for filing complaints or preparing for mediation.
Playing Music in Apartment Buildings: Rights and Duties
The Civil Code governs landlord duties and tenant rights; in particular, obligations to maintain the rental property and rules on consideration are relevant.[1] House rules may specify quiet hours and rules, but they must not conflict with statutory law. If disturbances continue, the next step is usually a written request to the offender and, if necessary, involving the landlord. Court procedures follow the rules of the Code of Civil Procedure.[2]
Practical Steps for Tenants
- Document (document) date, time, duration and type of noise and keep photos or recordings as evidence.
- Send a written notice (notice) to the neighbor and the landlord and set a deadline for remedy.
- Observe deadlines and appointments (calendar) for meetings, repair periods and possible mediation dates.
- Check whether technical measures (repair) such as soundproofing are possible and who bears the costs.
- Contact support (contact) such as the local court if out-of-court solutions fail.
If talks fail, collect all evidence and consider solutions: scheduled practice times, use of rehearsal rooms or technical measures like rugs and curtains. Mediation services or the local court are options if no agreement can be reached; procedures are subject to procedural rules.[3]
FAQ
- Am I allowed to play music in my apartment?
- Yes, tenants are generally allowed to play music as long as they do not unreasonably disturb neighbors and observe applicable quiet hours.
- What should I do if a neighbor is disturbed by music?
- First try to talk, document the disturbance and inform the landlord in writing with a deadline for remedy.
- When is it appropriate to go to the local court?
- If all out-of-court measures fail and there is a significant impairment, filing a claim at the local court can be considered.
How-To
- Step 1: Document (document) all incidents with date, time and duration.
- Step 2: Talk (contact) to the neighbor and propose solutions.
- Step 3: Send a formal complaint (notice) to the landlord with a deadline to remedy.
- Step 4: Consider mediation or filing a claim at the local court (court) if necessary.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Federal Court of Justice (BGH)