Tenant Causing Ruhestörung: What Landlords Can Do (2026)
Tenant Causing Ruhestörung: What Landlords Can Do
You can terminate only after a prior warning (§ 543 Abs. 3 BGB).
Where the peace of the building is persistently disturbed, termination without notice is available under § 569 Abs. 2 BGB. Night quiet normally runs from 22:00 to 06:00; children's noise is privileged under § 22 Abs. 1a BImSchG.
§ 543 Abs. 3 BGBIn 60 seconds
Where a tenant repeatedly disturbs the peace of the building with noise, termination without notice is available under § 569 Abs. 2 BGB, but only after a prior warning (§ 543 Abs. 3 BGB).
A single or occasional disturbance is generally not enough; what is required is repeated and persistently substantial impairment.
During night quiet from 22:00 to 06:00 sound must not be audible outside the flat; the quiet periods come from state law, the house rules and the tenancy.
One tenant's noise can be a defect for the others in the building and reduce their rent by operation of law (§ 536 BGB). A landlord who does not act against the offender carries that reduction themselves.
Children's noise is privileged under § 22 Abs. 1a BImSchG; a warning on that ground is impermissible.
What the law says
Where the important ground consists in the breach of a duty under the tenancy, termination is only permissible after a deadline set for remedy has passed without success, or after an unsuccessful warning. For disturbance of the peace of the building, § 569 Abs. 2 BGB applies that same standard. Working translation; the German original is the binding text.
Ordinary or extraordinary termination?
| Feature | Ordinary termination | Termination without notice |
|---|---|---|
| Legal basis | § 573 Abs. 2 Nr. 1 BGB | § 569 Abs. 2 BGB with § 543 BGB |
| Requirement | substantial culpable breach of duty | persistent disturbance of the peace |
| Warning needed | as a rule yes | yes (§ 543 Abs. 3 BGB) |
| Notice | the notice period set by law | immediate |
| Severity | repeated breaches | particularly serious or particularly frequent |
What quiet periods apply?
| Quiet period | Hours | Basis |
|---|---|---|
| Night quiet | 22:00–06:00 | State law, standard nationwide |
| Midday quiet | often 13:00–15:00 | House rules / tenancy (no nationwide duty) |
| Sundays & holidays | all day | State law, house rules |
The same topic from the tenant's side is in Noise and disturbance.
What it means for each side
- Keep a noise log and give it to the landlord.
- Notify the noise as a defect before you reduce (§ 536c BGB).
- Pay under reservation until the rate is settled.
- Ordinary children's noise generally founds no claim.
- Document incidents with date, time, kind, duration and witnesses.
- Warn in writing and provably, referring to termination.
- Wait for the response, if the disturbance continues, the risk of repetition is established.
- Give reasons for the termination and refer back to the warning.
Common mistakes
The termination almost always fails on § 543 Abs. 3 BGB.
Without dates, times and witnesses the persistent disturbance cannot be shown.
It is privileged under § 22 Abs. 1a BImSchG; such a warning is impermissible.
A landlord who does not act against the offender carries the other tenants' reduction, and one incident does not support a termination.
What to do next
Document incidents: date, time, kind, duration, witnesses; collect other tenants' complaints in writing.
Warn in writing, describing the incidents concretely, demanding they stop and referring to termination: send it provably.
Allow the deadline to run and see what happens.
If the disturbance continues, terminate ordinarily (§ 573 Abs. 2 Nr. 1 BGB) or without notice (§ 569 Abs. 2 BGB), with reasons and a reference to the warning.
Frequently asked questions
When can I terminate a tenant for Ruhestörung (noise disturbance)?
An außerordentliche (extraordinary) termination without notice for a sustained disturbance of the Hausfrieden (peace of the building) is possible under § 569 Abs. 2 BGB. It requires a prior unsuccessful Abmahnung (formal warning, § 543 Abs. 3 BGB) and that the disturbance is severe or so frequent that there is a constant risk of repetition. One-off or isolated incidents are not enough.
What Ruhezeiten (quiet hours) apply in a rental flat?
Nachtruhe (night quiet) applies nationwide, typically from 22:00 to 06:00; during this time Zimmerlautstärke applies. No noise audible outside the flat. There is no nationwide Mittagsruhe in the law (midday quiet); it derives, if at all, from the state immission-protection law, municipal ordinances or the Hausordnung (house rules), commonly 13:00 to 15:00.
Is Kinderlärm (children's noise) a rental defect?
Usually no. The sounds of children playing, shouting or running about are privileged under § 22 Abs. 1a BImSchG and socially adequate; they normally do not constitute a defect or justify a Mietminderung under § 536 BGB. It may be different if avoidable disturbances are added, such as adults making noise at night.
Can a tenant reduce rent because of noise from a neighbouring flat?
Yes. Persistent, more-than-insignificant noise is a defect of the rental property that entitles the affected tenant to a Mietminderung (rent reduction) under § 536 BGB. There is no binding Minderungstabelle (reduction table); the rate depends on the individual case. In individual court decisions the rates have ranged roughly between 5 and 25 percent depending on severity. These are reference points, not fixed values. A minute-by-minute Lärmprotokoll (noise log) is not required (BGH, 29.02.2012, VIII ZR 155/11); a description of type, approximate time, duration and frequency suffices. The landlord must then act against the source of the noise.
Does the tenant have to keep a Lärmprotokoll (noise log)?
No, a detailed Lärmprotokoll is not strictly required for a Mietminderung. The BGH ruled on 29.02.2012 (Az. VIII ZR 155/11) that a description of the disturbances by type, approximate time, duration and frequency is sufficient. For a later Kündigung, however, precise documentation of the incidents is strongly advisable.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.