Installing an Elevator: Tenant Rights in Germany

Many tenants in Germany wonder whether and how an elevator can be retrofitted and what rights apply. This text explains in plain language how you as a tenant collect evidence, which legal bases are relevant and which forms and deadlines you should observe. It describes practical steps for communicating with the landlord, options in case of disagreement and when legal action at the local court may be appropriate. The aim is to give you clear steps on how to document demands for barrier-free access, respect deadlines and involve official bodies without assuming legal expertise.

Who must install the elevator?

Whether a landlord is obliged to install an elevator depends on the contract, modernization law and the scope of accessibility. Basic duties of the landlord for maintenance and provision of the rental property are derived from the Civil Code (BGB) (e.g. §§ 535–536).^[1] In addition, rules on modernization and the allocation of modernization costs must be observed.

How tenants collect evidence

Good evidence makes negotiations and possible court proceedings easier. Collect documents that prove the need and the situation.

• Photos of the stairs and access that clearly show barriers.
• Written requests or emails to the landlord with date and subject.
• Doctor or care certificates if there are health reasons.
• Witness statements or inspection reports.

Costs, modernization and allocation

Modernization measures such as an elevator can, under certain conditions, be allocated to tenants according to the BGB. The modernization allocation and the landlord's information obligations are legally regulated; inform yourself about your rights and the requirements for announcing such measures.^[1]

Legal action, deadlines and competent courts

In case of disagreements, legal action may be necessary. Disputes in tenancy law often start at the local court; procedural rules are governed by the Code of Civil Procedure (ZPO).^[2][3]

• Check deadlines: Respond promptly to landlord letters and time limits.
• Prepare forms: correspondence, possible complaint and evidence.
• Court steps: File a lawsuit at the competent local court if necessary.

How-To

1. Check deadlines: Read contract clauses and note deadlines and dates.
2. Form/Letter: Draft a written request to the landlord with concrete demands.
3. Gather evidence: Organize photos, medical certificates and communications chronologically.
4. Court actions: If necessary, file a lawsuit at the local court or apply for interim measures.

Frequently Asked Questions

Can I as a tenant demand the installation of an elevator?

You can demand the installation if there are justified reasons, such as medical needs; enforceability depends on contract, costs and structural feasibility.^[1]

Who pays the costs?

Parts of the modernization costs can often be allocated to tenants if the legal requirements are met; check the modernization notice carefully.

When should I involve the local court?

If talks fail and deadlines have passed, the local court is the usual first instance for tenancy disputes.^[2]

Key Takeaways

• Collect detailed, dated evidence.
• Written communication is often decisive.
• The local court is the proper venue for disputes.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Laws in the Internet (BGB, ZPO)
• Federal Court of Justice (BGH) decisions

1. [1] Civil Code (BGB) – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Federal Office of Justice – bundesjustizamt.de
4. [4] Official forms (payment order, complaint) – justiz.de