Rent reduction for Odour Nuisance
A stench cannot be seen, and that is exactly what makes it legally awkward: proving it is harder than proving a patch of mould. In substance the same applies as with noise. Only once the burden exceeds what is customary locally is there a defect.
3 types of defect · rates from 5 % to 25 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Sewage smell in the apartment
5–25 %Sewage smell caused by defective pipes.
Deadline for the repair: approx. 10 daysSmells from restaurants / businesses
5–25 %Odour nuisance from a restaurant or commercial business.
Deadline for the repair: approx. 14 daysRubbish smell (constant)
5–10 %Constant smell of rubbish, e.g. from an adjacent refuse room.
Deadline for the repair: approx. 14 daysThe legal position
Your most important tool is an odour log with date, time, duration and intensity, plus witnesses. That it smells briefly at midday after the neighbours have eaten is something you have to accept. Persistent sewage or rubbish smells, by contrast, are a defect.
Every reduction requires a defect notice (Mängelanzeige) under § 536c BGB, because the claim only becomes enforceable once the landlord knows. To the guide: writing a defect notice
Frequently asked questions about Odour Nuisance
How much rent reduction is possible for Odour Nuisance?
The guidance values in this category range from 5 to 25 percent of the gross warm rent. The highest rate falls to “Sewage smell in the apartment” at up to 25 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Odour Nuisance?
This category covers 3 types of defect: Sewage smell in the apartment, Rubbish smell (constant), Smells from restaurants / businesses.
What do I have to do before I reduce the rent?
Report the defect to your landlord in writing without delay (§ 536c BGB) and set a deadline for the repair as a specific date. Only from the landlord's knowledge onwards is the reduction practically enforceable. If in doubt, keep paying under protest for now.
Other defect categories
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Select your defects, enter your gross warm rent and receive a finished defect notice. Free and without registration.
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