Retrofit Elevator: Tenant Financing in Germany
Many tenants in Germany live in older buildings without an elevator and wonder if and how an elevator can be retrofitted. This article explains in plain language what tenant rights exist, which steps are necessary for financing and applications, and which authorities or courts are responsible. We cover funding programs, the landlord 27s role, possible cost allocation and deadlines, and practical templates for applications. The aim is that as a tenant you know when you must consent, when you can object, and how to use official forms to accompany modernizations and protect your living quality. Concrete notes on the local court, relevant laws and forms help with practical implementation.[1]
What tenants should know
An elevator is often a modernization measure under the German Civil Code. Landlords may carry out modernizations but must announce and justify them. Rules on modernization, rent increases and maintenance are found in the BGB provisions on modernization.[1] Before construction it should be clarified whether public subsidies under the Housing Promotion Act (WoFG) or state programs are applicable, since grants or low-interest loans can indirectly reduce costs for tenants.[2]
Key tenant rights
- Check deadlines: Observe announcement and objection periods for modernizations.
- Request forms: Ask the landlord for the modernization notice in writing.
- Repair vs. modernization: Clarify which measures are essential for habitability.
Financing: Who pays what?
The landlord generally bears construction costs but may under certain conditions pass part of the modernization costs on to the rent. For an elevator, technical prerequisites and cost-benefit considerations are decisive. Funding programs can offer grants or low-interest loans; check federal and state programs. As a tenant, demand transparent calculation of any cost allocation (share, duration, expected rent increase).[2]
- Check funding: Government grants or loans can reduce net burden.
- Request receipts: Ask for estimates and final accounting.
- Court clarification: In disputes, the local court decides on legality and amount of allocations.
Practical steps for tenants
If the landlord plans an elevator, request a written modernization notice and check funding options using publicly available information on housing promotion.[2] File a written objection if calculation or necessity is unclear, and collect evidence of usage limitations or mobility needs in the building.
FAQ
- Can the landlord pass the elevator costs on to the rent?
- Under certain conditions, yes. Modernization costs may be allocated under the BGB, but the announcement must be formally correct and the calculation traceable.
- Which authorities or courts are responsible?
- Rent law disputes are primarily handled by local courts (Amtsgericht); for funding questions, municipalities and state housing offices are contact points.[3]
- Are there funding programs for barrier-reducing modernization?
- Yes. Funding is available at federal and state level; KfW programs and municipal grants are possible options.
How-To
- Inform: Read the modernization notice carefully and note deadlines.
- Fill forms: Apply for funding if applicable or file a written objection with reasons.
- Check financing: Request estimates and assess government grants.
- Document: Keep records of construction times, noise and access issues.
- Legal steps: Seek clarification at the local court or obtain legal advice if disputed.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
- Federal Court of Justice (BGH) — bundesgerichtshof.de
- Federal Ministry of Justice — bmj.de