Adjust Homeoffice Clause in Lease – Tenants Germany
As a tenant in Germany, you may face the question during a lease renewal whether home office use should be permanently regulated in the tenancy agreement. Many leases do not contain a clear clause for working from home; others prohibit significant commercial use. If you work from home more often, it is advisable to speak to your landlord in good time about adjusting the agreement. This article explains tenant rights and obligations, the relevant legal basis, how to draft an amendment agreement and which proofs are useful. It shows concrete steps for lease renewal, data protection tips and situations where legal advice is advisable.
What applies on lease renewal?
When renewing, tenants should check whether home office is explicitly mentioned as permitted use. In principle, tenancy law in Germany regulates tolerated use and the intended purpose of the rental object; changes to the lease require the landlord's consent. A formal amendment agreement protects both parties from misunderstandings. If the landlord refuses commercial use, it is important to specify the scope (e.g. customer appointments, storage) and to point out domestic, non-disruptive work. Legal foundations are in the BGB.[1]
Rights and obligations
Tenants may use the apartment in accordance with the contract; the landlord does not have to tolerate massive commercial use. In case of noise, additional traffic or storage of goods, the landlord can demand restrictions. Changes should be recorded in writing; in case of dispute the local court often decides on the interpretation of the contract.[2]
What tenants should pay attention to
- Deadlines (deadline) and timings for the contract change should be clarified.
- Form (form): Draw up an amendment agreement in writing and have it signed by both parties.
- Documents (document): Collect evidence of the frequency of home office use (e.g. working hours, employer confirmation).
- Court (court): Know which courts are competent and what consequences a lack of agreement can have.
Data protection and neighbour rights are also important: describe in the agreement whether customer appointments will take place, whether people will be received and how often. Also regulate changes in the use of common areas or storage options. Small, clearly formulated limits (e.g. no storage quantities, no noise generation) help to avoid conflicts. Also consider operating costs and possible adjustments to ancillary costs if the home working area changes the tenancy relationship.
Frequently Asked Questions
- Does the landlord have to allow home office?
- No: There is no general obligation, especially if the use goes beyond pure office work. For purely domestic, non-disruptive activities, an amicable arrangement is possible.
- Is an oral agreement sufficient?
- An oral promise is legally uncertain; a written supplement to the tenancy agreement protects tenants and landlords.
- What does the court look at in a dispute?
- Courts examine the contractual purpose, concrete burdens on neighbours and whether the use is to be classified as commercial; local courts are usually competent.[2]
How-To
- Contact (contact): Approach the landlord early and explain the extent and frequency of your home office.
- Create agreement (form): Prepare a written addendum or amendment to the lease and set clear limits.
- Collect evidence (document): Gather proofs such as an employer confirmation or time records and attach them as annexes.
- Check legal steps (court): If no agreement is possible, seek legal advice; a local court often decides on contract interpretation.[2]
Help and Support
- Civil Code (BGB) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – Case law
- Federal Ministry of Justice (BMJ) – Information and forms
