Tenants: Setting Quiet Hours in Germany
What are quiet hours and the legal basis?
Quiet hours are times when avoidable noise should be avoided; their legal basis in tenancy law follows from landlord and tenant duties and from the house rules according to the provisions of the Civil Code (BGB)[1]. In disputes over duration or scope of quiet hours the local court (Amtsgericht) usually decides; procedural rules apply under the Code of Civil Procedure (ZPO)[2]. Decisions of the Federal Court of Justice (BGH) often clarify when noise justifies a rent reduction or other measures[3].
Notice: content, form and examples
A notice should be clear, polite and binding. It does not replace the house rules, but can make practical rules visible and de-escalate conflicts. Important information includes the time period of quiet hours, a contact person, expected behavior and a reference to formal rules.
- Deadline (deadline): e.g. "daily 22:00–6:00" as night quiet hours.
- Form/Info: Note whether the rule is part of the house rules or just a supplementary request.
- Contact (call): Name or telephone number of a contact person for questions.
- Documentation (document): Request written reports or a logbook for repeated disturbances.
Example notice text
"Dear neighbors, please observe quiet hours daily from 22:00 to 6:00. For questions contact Ms. Mayer, tel. 01234/56789. Thank you for your understanding."
Forms and competent authorities
For more decisive measures (e.g. naming the offender in a warning letter, extraordinary termination) there are template texts and court forms. Examples of relevant forms:
- Termination letter (template): Used when ending a tenancy due to persistent disturbances; check deadlines and reasons carefully and use a template as a draft.
- Eviction lawsuit form: If talks and warnings fail, the landlord files for eviction at the local court; the ZPO governs the procedure[2].
Many court applications and formulation guides are available on official justice websites; use these templates to avoid formal errors.
Evidence collection and communication
Documentation is crucial: record times, type of noise and witnesses; if possible make photos or audio recordings (observe personality rights). Speak with neighbors before initiating legal steps and offer a concrete compromise (e.g. reduced volume at certain times).
- Collect evidence: Date, time, duration and description of the disturbance.
- Communicate: Speak respectfully to those involved and offer solutions.
- Observe deadlines: Set reasonable deadlines for improvement of behavior.
Frequently asked questions
- Can the landlord change quiet hours by notice without consent?
- A landlord notice can inform, but it does not automatically change contractually agreed terms or the house rules; changes should be reviewed and, if necessary, decided by a court[1].
- How do I draft a legally secure notice?
- Keep it short, factual and include clear times, contacts and a reference to existing house rules; if unsure, use official templates or seek legal advice.
- When should I involve the local court?
- If talks and warnings do not lead to improvement and the landlord or tenant wants to take legal steps, the local court usually decides; the procedure follows the ZPO[2].
How-to
- Collect evidence: Note date, time, duration and type of disturbance.
- Draft the notice: Write a clear, polite notice with times and contact details.
- Inform neighbors: Start with a conversation or a written request before legal options.
- Set a deadline: Give a reasonable deadline for behavior improvement.
- Consider legal steps: If disturbances continue, discuss court options with the landlord or legal counsel.
Help and support
- [1] § 535 BGB – Gesetze im Internet
- [2] ZPO – Gesetze im Internet
- [3] Justice Portal – Court information