How do I defend myself as a tenant?

On Sundays, your neighbor is once again roaring his lawnmower through the midday quiet, then his barbecue stinks up your apartment. The utility bill is suspiciously high and the mold in the bathroom has broken out for the fourth time. Everyday problems in Germany. Everyone has experienced trouble with their landlord, neighbors or property management. So it's no wonder that more than 300,000 rental matters end up in court every year. That's well over 1,000 judgments per day and almost 18 percent of all cases heard throughout Germany.

Ärger mit den Nachbarn, Streit mit dem Vermieter oder ständige Lärmbelästigung - Wir klären die wichtigsten Fragen in Sachen Mietrecht.© istock
Trouble with the neighbors, disputes with the landlord or constant noise pollution - we clarify the most important questions regarding tenancy law.

And shows: Tenancy disputes are more topical and significant than almost any other issue. It's about terminations, unacceptable noise, incorrect operating costs or even complaints about the rental property. And since going to court is usually annoying and expensive, we will clarify the most important questions here. It's always good to know what rights you have, what judgments there are and how best to negotiate with the landlord or management. This will save you a lot of nerves, and it will also work out with your neighbor.

Do I always have to put up with children's noise?

Are the neighbor's children playing havoc in the garden? Or are they running around the apartment at the exact time you need to concentrate? Well, unfortunately you're out of luck. Because: children's noise must be accepted. The Federal Court of Justice agrees and has issued a ruling (BGH, Ref.: VIII ZR 197/14).

- Tip: Talk to the family. First emphasize your understanding. But also point out your situation. Perhaps it is possible to agree on so-called play-free times during the day when you are guaranteed peace and quiet.

Can the neighbor smoke on the balcony?

If you as a tenant are constantly bothered by cigarette smoke from next door, you don't have to put up with it. It is true that smoking on the balcony and in the apartment is part of the contractual use. But only if it does not disturb the neighbors. If it does, they can sue for an injunction. In the current case, a married couple feared that the cigarette smoke from the neighbors below them could be harmful to their health. The Federal Court of Justice ruled in their favor. The judges even granted them smoke-free periods (BGH, Ref.: V ZR 110/14).

- Tip: If the neighbors feel considerably disturbed, smoking can also be a reason for termination.

Are neighbors allowed to watch TV loudly?

Consideration is particularly important in an apartment building. Between 10 p.m. and 6 a.m., the so-called night's rest applies. Outside of this time, the TV or music must not exceed the room volume. This means that the noise in the neighboring apartment must not be louder than normal residential noise (LG Hamburg, Ref.: 317 T 48/95).

- Tip: First ask your neighbor to reduce the volume. If he does not do this, you can draw up a noise report and submit it to your landlord.

Mold: Can I reduce the rent?

The landlord must intervene if there are defects in the apartment. This means that he must be informed immediately. And only if he does not rectify the defect may the rent be reduced (BGH, Ref.: VIII ZR 330/09). Important: As a rule, the landlord has the burden of proof. If he has proven that there are no structural defects, the tenant must then prove that the mold was not caused by his behavior.

- Tip: If the cause lies in the building fabric, a reduction of 20 percent is possible.

Personal use: Can I give notice at any time?

Unfortunately, yes. Even if you have just moved in (BGH, ref.: VIII ZR 154/14). However, the reason for the termination must be sufficiently specific. This means that you must be able to identify the person who needs the apartment and explain your interest in it. However, not everything has to be disclosed. The name of your partner, for example, who is moving in with you, can be concealed (BGH, Ref.: VIII ZR 284/13).

- Tip: Talk to the landlord. He can give you more time to look for something new

Is constant barbecuing in the garden allowed?

The neighbors always smoke up everything with their barbecue. That's annoying. However, it is generally allowed - even on the balcony and terrace. Exception: If it is expressly not permitted in the rental agreement. In this case, you could face a warning or, in the worst case, termination without notice (LG Essen, ref.: 10 S 438/01).

- Tip: Talk to your neighbors - preferably before the barbecue season. If you switch from charcoal to gas or electric, you will produce considerably less smoke and fumes.

Can the neighbor mow all the time?

Motorized lawn mowers, leaf blowers and other noisy garden equipment are absolutely prohibited on Sundays and public holidays. Plus: On weekdays from 7 p.m. to 7 a.m., most items must remain in the shed (OLG Düsseldorf, Ref.: 5 Ss OWi 149/95).

- Tip: Is your neighbor aware of how much his noise disturbs you? Suggest fixed times when you can mow.

Shoes in the stairwell: Is this allowed?

Putting your shoes down for a short time, for example if they have become wet, is permitted (AG Lünen, Ref.: 22 II 264/00) and is not prohibited by the house rules. However, the situation is different if the shoes are permanently piled up in front of the door or if a shelf obstructs escape routes. If permitted by the landlord, a small cupboard may also be permissible (AG Köln, Az.: 222 C 426/00).

- Tip: Contact the property management or the landlord if you are unsure. This will help you to avoid any arguments with neighbors.

Incorrect billing: What can I do?

The service charge statement is one of those things. Experts estimate that every second statement is incorrect. You should note: You must have received the statement from the landlord for 2015 by December 31, 2016. If this is not the case, you generally no longer have to pay any additional deductions. Important: However, your credit balance does not expire. And: If you have any doubts about your landlord's compilation, you have the right to inspect his documents. You may even copy them and then take them home with you (BGH, Ref.: VIII ZR 78/05). By the way: If the distribution key is missing from the document (BGH, case reference: VIII ZR 27/10) or if the landlord uses incomprehensible abbreviations, the statement will lose its validity (BGH, case reference: VIII ZR 295/07).

- Tip: Take a very close look at the bills. If you don't understand something, call your landlord. And: Ask your neighbors, maybe they feel the same way.