As of: February 29, 2024, 8:00 a.m
By: Andrea Stettner
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Normal home odors are generally a private matter.
It looks different if the smell goes directly to the neighbor or into the hallway.
Where people live, smells also arise - be it from eating, drying laundry or smoking.
It always becomes difficult when the smells don't stay in your own apartment, but move into the hallway, onto the balcony or into the neighbors' rooms.
Anyone who turns up their nose is quickly seen as sensitive.
In fact, you don't have to put up with all the smells.
When can residents defend themselves against smells from the neighboring apartment?
Cigarette smoke from the neighboring apartment often causes problems for residents.
© Zoonar.com/christopher koch/Imago
In principle, residents do not have to accept every odor nuisance from their neighbors, because odors are part of the emissions.
Whether residents can defend themselves against what they consider to be an unacceptable stench depends, as so often, on the individual case.
“Which rights neighbors have depends, on the one hand, on the intensity and nature of the aroma, and on the other hand, on the specific odor nuisance of the person concerned,” informs
Immoportal.com.
However, there have already been some court rulings based on odor nuisance, for example in the following cases:
Grilling:
If you feel bothered by the constant smell of grilling from your neighbors, you should take a look at the house rules: If grilling on the balcony is prohibited, you can refer to such clauses.
If the tenant does not adhere to such a ban despite a warning, he may even be threatened with termination without notice, as the Essen Regional Court has decided.
(File number 10, page 438/01).
Cigarette smoke:
Anyone who lives next to smokers quickly becomes annoyed by the unpleasant smoke that wafts onto their own balcony and often makes it impossible to use it.
“If this disruption is perceived as an essential impairment, the affected neighbor can request smoke-free periods,”
Immoportal
further informs.
According to a BGH ruling (file number V ZR 110/14), anyone who can prove health risks from the smoke based on a fine dust and health report can request this even if the impairment is minor.
Food smells:
Sounds
unusual, but can also combat grease smells etc
Residents should take action if they have a significant impact on them.
The installation of an extractor hood can then be required, which reduces the smells of food, as the Cologne Higher Regional Court has decided (file number 16Wx67/97).
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According to
Mehrfamilienhaus-magazin.de,
in the event of a dispute, it can help to create a kind of odor log: When and how often does the problem occur?
Witnesses can also be named.
If necessary, the intensity of the smell can be determined by measuring the air.
However, experts recommend that you always seek legal advice before hastily filing a complaint.
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Termination of the rental apartment possible due to odor nuisance
Pets also often cause enormous odor nuisance, for example when cats or dogs urinate in the hallway or are not kept in a species-appropriate manner.
If there are too many animals living in the apartment or if the tenant violates the relevant animal-keeping agreements in the rental agreement, this can be grounds for termination for the landlord.
If the smell from the apartment comes from excessive garbage or spoiled food leftovers and there is even a risk of damage to the property, for example due to a vermin infestation, termination can also follow.
Tenants have a certain duty of care towards the rented property.