Tenants: Urgent Odor Nuisance Claims in Germany

Emergency proceedings and legal basis

German tenancy law is based on the Civil Code (BGB), particularly concerning landlord duties and rent reduction (§ 536 BGB)^[2]. Specific regulations on obligations and entitlements are found in §§ 535–580a BGB^[1]. Procedural steps, such as applications for provisional measures, follow the Code of Civil Procedure (ZPO)^[3]. For important precedents, decisions of the Federal Court of Justice may be relevant^[4].

Quick steps for tenants

• Collect evidence: photos of odor sources, date/time, an odor log and witness notes.
• Inform the landlord in writing: send a defect notification with a deadline and document receipt.
• Set deadlines: specify a reasonable deadline (e.g. 14 days) for remedy in the defect notice.
• If no remedy occurs: consider emergency proceedings (application for a provisional injunction or similar measures at the competent court).

Practically, keep a short odor log (date, time, duration, intensity) and send a formal defect notification to the landlord by registered mail or email with delivery confirmation. If the nuisance significantly reduces living quality, rent can often be reduced proportionally (§ 536 BGB)^[2]. For example: persistent strong odors several times a week that make airing impossible typically justify a rent reduction if the landlord does not promptly remedy the situation.

Forms and practical examples

Relevant procedures and forms include the written defect notification and the application for a provisional injunction. Federal ministries provide forms and guidance; a general overview of forms is available from the Federal Ministry of Justice, e.g. for court applications and service: Forms BMJ. Example: you send a defect notification and set a 14-day deadline. If no remedy follows, you file an application for a provisional order with the competent court, attaching the documented evidence.

Jurisdiction: Many tenancy disputes are heard at the local court (Amtsgericht); depending on the type of application, regional courts or local courts may be competent for emergency proceedings. For legal precedent questions, the Federal Court of Justice may issue decisions with guiding effect^[4].

FAQ

Can I reduce my rent if a business causes odors?

Yes, if the habitability of the apartment is impaired, a rent reduction can be possible. A legally secure reduction requires documentation and a written defect notice.

Is a provisional injunction possible against an odor source?

Yes, in particularly urgent cases tenants can seek a provisional injunction or other rapid court measures to stop the nuisance.

Which court is competent?

The first instance is usually the local court (Amtsgericht); further instances include regional courts and the Federal Court of Justice.

How-To

1. Collect evidence: photos, odor log and witness statements.
2. Inform the landlord in writing and set a deadline (e.g. 14 days).
3. Document responses and deadlines.
4. If the problem persists: consider emergency proceedings and file an application at the competent court.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – BGB §536
3. [3] Gesetze im Internet – ZPO
4. [4] Federal Court of Justice – Decisions