Allowing Elevator Installation: Tenants' Rights in Germany

As a tenant in Germany you may face modernization measures such as the installation of an elevator. Such work affects the apartment, access and the use of shared areas and raises questions about notification deadlines, reasonableness and cost allocation. This guide explains clearly which rights and obligations tenants have, which deadlines to observe and how to respond to a modernization notice. We describe practical steps: review the notice, document disruptions, communicate with the landlord and when legal action makes sense. The text includes sample wording and tips on keeping deadlines.

What does elevator installation mean for tenants?

An elevator installation is a modernization measure that changes the use of the building. Landlords are generally required to inform tenants and to state the reasons, scope and schedule of the work; the rules of tenancy law in the BGB apply.^[1] Tenants must tolerate interventions if they are reasonable and deadlines have been observed, but excessive disruptions or safety defects can be grounds for objection.

Rights and obligations

Information and notification deadlines

Landlords are obliged to announce modernizations in good time and to plan the execution so as to avoid unnecessary disturbances. Check the announcement date, scope of work and possible mitigation measures.

• Check the modernization notice and the stated deadlines.
• Document condition and disruptions with photos, dates and witness names.
• Record dates when access is required and demand timely prior notices.
• Contact the landlord in writing and request written confirmations about procedures and protective measures.
• If your rights are violated, the local court (Amtsgericht) is responsible for tenancy disputes; observe procedural deadlines.^[2]

How tenants should respond

Respond in a structured way: check, document, communicate and, if necessary, take legal action. Always start with a careful review of the notice and collect evidence of disruptions so that you can substantiate deadlines and any claims for rent reduction or compensation.

1. Check the notice for dates, scope and legal basis.
2. Document disruptions with photos and a dated log and, if possible, witnesses.
3. Send a written statement or objection to the landlord and request concrete mitigation or compensation proposals.
4. If no agreement is reached, prepare documents for filing suit at the local court and consider granting a power of attorney for legal representation.^[4]

Forms and templates

Official forms can simplify the process. Examples of when and how to use them:

• Lawsuit form (civil claim) — Use this form when you want to file a claim at the local court; complete the facts, claim and evidence. Example: filing an action for cessation or other remedies due to unbearable construction conditions.^[4]
• Power of attorney for court representation — If you hire an attorney, the court requires a signed power of attorney. Example: you authorize an attorney to act on your behalf in the tenancy suit and to submit documents.

Practical notes on costs and rent reduction

Under certain conditions, modernization costs can be passed on to tenants; check the statutory rules in the BGB regarding modernization surcharges and tenant rights.^[1] In case of significant restriction of use, a rent reduction may be possible; document extent and duration precisely.

FAQ

Do I have to tolerate the elevator installation?

Generally yes, if it is a permissible modernization and deadlines have been respected; however, individual questions of reasonableness may limit this obligation.^[1]

Who pays for the elevator?

The landlord usually bears the costs but may allocate parts as modernization costs to the rent as permitted by the BGB.^[1]

Can I reduce the rent because of construction work?

With significant disruptions, rent reduction is possible; exact reasons and amounts depend on the individual case and must be supported by evidence.^[3]

How-To

1. Read the modernization notice fully and note deadlines.
2. Create a log with photos, dates and possible witnesses.
3. Send a written statement to the landlord with requests or counterproposals.
4. If no agreement, prepare documents for a lawsuit at the local court and, if needed, grant a power of attorney for legal representation.^[4]

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
• [4] Lawsuit forms and guidance — justiz.nrw.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Lawsuit forms and guidance — justiz.nrw.de