Tenants: Proving Neighbor Harassment in Germany

Many tenants in Germany experience repeated insults, exclusion or disturbances from neighbors after moving in. Such behavior can be considered neighbor harassment and significantly impair living quality and mental health. This text explains which indications you should collect, how to document harassment and what legal steps are possible – from formal warnings to a lawsuit at the local court. We also explain how discrimination and equal treatment are relevant under German law, which statutes and authorities to consider ^[1] and which procedural rules apply in court actions ^[2]. The goal is to give you clear, practical steps so you can effectively enforce your rights as a tenant in Germany.

What to do about neighbor harassment?

Start systematically: document incidents, collect evidence and inform the landlord. Note date, time, duration and type of disturbance; photos and audio recordings can provide strong indications. Obtain witness statements if possible and secure messages or written threats.

Which indicators are most helpful?

• Photos (photo) of damage or signs, with date and time.
• Audio or video recordings (video) of disturbances, if legally permissible.
• Noise and incident logs (log) with precise timestamps.
• Witness statements from neighbors or visitors, preferably in writing.
• Saved messages, emails or letters as documentary evidence.

It is important to consider the legal admissibility of recordings: covert audio recordings can raise data protection and criminal law issues in Germany. If in doubt, consult an advisory office or lawyer. Also inform the landlord in writing and request remediation.

Talking to the landlord and authorities

The landlord has a duty under § 535 BGB to maintain the rental property in a condition fit for contractual use; repeated harassment can constitute a breach of duty. Set a deadline for remedying the disturbance and document the request in writing. Specify concrete incidents and attach evidence ^[1].

If the landlord does not act

If no remedy is provided, further steps are possible: mediation, a formal warning or rent reduction in case of significant impairment. In severe cases you may pursue an injunction or eviction-related claims; court procedures follow the ZPO rules ^[2]. Keep all documents and deadlines safely stored.

FAQ

What counts as neighbor harassment?

Repeated, targeted harassment, exclusion or intimidation by neighbors that significantly impair the living environment can count as neighbor harassment.

Which evidence is useful in court?

Photos, noise logs, written witness statements, stored messages and legally permitted audio/video recordings are persuasive indications.

When can I take legal action?

If the landlord does not remedy the situation after written notice or the disturbance is severe, warning letters, rent reduction or court action may follow.

How-To

1. Document the incident immediately: note date, time, description and involved persons.
2. Secure evidence: collect photos, logs, messages and witness statements.
3. Inform the landlord in writing and set a deadline for remedy; keep a copy.
4. Seek advice: tenant association, legal counseling or mediation services.
5. Consider legal action: if there is no remedy, file a claim at the local court ^[3].

Help and Support

• § 535 BGB and related tenancy provisions (Gesetze im Internet)
• Federal Court of Justice (BGH) – information on case law
• Justizportal Germany – forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – provisions and information
3. [3] Forms and guidance for filing claims – Justizportal Germany