Noisy tenant: warning them properly and what comes next
What to do as a landlord when a tenant keeps making noise, so that you can validly end the lease later if the noise does not stop.
Write down every incident with the date, time and witnesses, and first send the tenant a written Abmahnung (formal warning). You can only end the lease if the noise goes on after that.
How to deal with a noisy tenant, step by step
A single incident is not enough to end the lease. What counts is your record of the incidents and the Abmahnung.
- 1
Know the quiet hours
Quiet hours at night usually run from 10 pm to 6 am. Midday quiet hours are usually set in the house rules.
- 2
Write down every incident
Note the date, the time, what happened, how long it lasted and who witnessed it.
- 3
Collect complaints in writing
Ask the other tenants to put their complaints in writing.
- 4
Send a written Abmahnung
Tell the tenant what happened, what must stop, and that you will end the lease if it does not.
- 5
Make sure you can prove delivery
Send the Abmahnung in a way that lets you prove it arrived.
- 6
Only then end the lease
If the noise goes on, end the lease with the normal notice period or without notice, and refer to the Abmahnung.
Why this matters
Under § 543 Abs. 3 BGB, you can only end a lease over a breach of duty after an Abmahnung has failed, or after a deadline you set for fixing the problem has passed. § 569 Abs. 2 BGB applies the same standard when a tenant disturbs the peace of the building.
General information, not legal advice.
Frequently asked questions
Do I have to do something about a noisy tenant as the landlord?
Yes, as the landlord you have to act against a noisy tenant. If you do nothing, the other tenants can reduce their rent (§ 536 BGB), and you are the one who loses that rent. Write down the incidents and send the noisy tenant a written Abmahnung.
When can I end a tenant's lease because of noise?
You can end the lease without notice if an Abmahnung did not help and the disturbance is serious or keeps coming back (§ 569 Abs. 2, § 543 Abs. 3 BGB). One-off or occasional incidents are not enough.
Does noise from children count as a defect?
Children's noise is usually not a defect. The sounds of children playing are protected under § 22 Abs. 1a BImSchG and normally do not justify a rent reduction. It can be different if avoidable disturbances are added, such as adults being loud at night.
Also in this topic: Rent arrears and Mahnung: a landlord's guideMängelanzeige from a tenant: what must the landlord do?Hoarded flat or eviction: record the conditionLimitation under § 548 BGB: six months for damage claims
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