Tenants: Playing Music Considerately in Germany
What applies legally?
Under German tenancy law, the provisions of the Civil Code (BGB) protect tenants and landlords regarding the usability of the dwelling and neighborly consideration. Key provisions are found in §§ 535–580a BGB[1], and the house rules often specify when music-making is allowed. In general: playing music is not absolutely prohibited but must respect the legitimate interests of neighbours, especially quiet and night-time hours.
Practical steps for tenants
- Initial talk: try a friendly, factual conversation with the neighbour musician, name times and ask for consideration.
- Check: read the rental agreement and house rules carefully for noise regulations and quiet hours.
- Document: note date, time, duration and type of disturbance; keep audio recordings, photos or witness statements.
- Written complaint: send a sample letter to the landlord or property manager, describe the nuisance and set a reasonable deadline for remedy.
- Legal steps: if the nuisance continues, consider rent reduction, injunctive relief or a claim at the local court under the Civil Procedure Rules (ZPO).[2]
Forms and templates
Relevant official templates tenants may need include a sample letter to the landlord, a rent reduction template or a termination letter. Always include clear deadlines and document deliveries. Official statute texts like the relevant BGB sections help to assess claims; concrete templates can be obtained from the responsible authorities and courts.
If talks do not help
If informal measures fail, the next step is often a formal letter by you or your attorney. If litigation is necessary, in most cases the local court (Amtsgericht) decides rental matters; proceedings follow the Civil Procedure Code (ZPO)[2]. For important legal questions, a Federal Court (BGH) decision can be binding in later cases.[3]
FAQ
- 1) May a neighbour play music at any time?
- No. Playing music is permitted as long as it does not excessively disturb the reasonable peace of neighbours. Night-time quiet (often 22:00–6:00) and the house rules must be observed; extreme or persistent noise may justify injunctive relief.
- 2) When can I reduce the rent?
- Rent reduction may be possible if the usability of the apartment is substantially restricted by noise. Documentation and setting a deadline for remedy with the landlord are important before asserting formal reduction claims.
- 3) Where can I turn if nothing changes?
- First to the landlord or property manager, then possibly the local court; in some cases local mediation or conciliation bodies are an option.
How-To
- Step 1 – Document: create a disturbance log with date, time, duration and evidence.
- Step 2 – Letter: draft a written sample letter to landlord or management with a deadline for remedy.
- Step 3 – Legal options: if no remedy, consider rent reduction or claim at the local court.
Help and Support / Resources
- Civil Code (BGB) – Gesetze im Internet
- Federal Court (BGH) – Decisions
- Federal Ministry of Justice – Information and Forms
