Adding an Elevator: Tenant Pros & Cons in Germany
For many tenants in Germany, the question of whether to add an elevator is not just about convenience but affects daily life, accessibility and housing quality. This guide helps you as a tenant weigh pros and cons, collect necessary evidence and document things in a legally secure way. You will learn which documents, deadlines and legal bases to consider, when a claim seems plausible and how to proceed formally with the landlord. We name relevant legal provisions and authorities, show practical steps for evidence collection and offer guidance on court jurisdictions so you can make informed decisions and effectively represent your interests in Germany. Read on for a step-by-step checklist and sample correspondence.
When is it worth adding an elevator?
An elevator can significantly improve living quality, create accessibility and increase the property value in the long term. For tenants, aspects such as subsidies, possible rent increases due to modernization and structural restrictions are important. First check whether installation is technically possible, whether funding is available and who will bear the costs. Collect evidence early and check if medical reasons or legal requirements could support a claim.
Checklist: Documenting and collecting evidence
- Photos of the building situation and furnishings as evidence.
- Documentation of defects that complicate or prevent installation.
- Written defect notice to the landlord with date and deadline.
- Note deadlines: deadline for remedy, landlord response deadlines.
- List of possible costs, subsidies and who pays which shares.
- Record witnesses and contact details of neighbors or tradespeople.
Legal bases and authorities
Tenant and landlord rights and obligations are governed by the German Civil Code (BGB), in particular §§ 535–580a.[1] For court actions, the rules of the Code of Civil Procedure (ZPO) apply.[2] In disputes, decisions by the Federal Court of Justice (BGH) can be decisive.[3]
What tenants can do
- Send a formal request to the landlord by registered mail or email with confirmation of receipt.
- Record every inspection appointment and notes of conversations.
- Observe deadlines: respond within set deadlines to avoid legal disadvantages.
Specific forms and templates (official guidance)
There is no nationwide mandatory "elevator application" form; many steps are handled in writing via defect notices and deadline settings. Statutes and procedural rules can be found on official federal and court websites.[1]
FAQ
- Can I, as a tenant, insist on installation of an elevator?
- Generally not without more: the landlord must examine economic, structural and legal aspects. As a tenant, you can express the wish and document proposals.
- Does the landlord have to bear the costs?
- That depends on the individual case: modernization measures can be passed on to tenants, but there are protective rules under the BGB.
- How do I prove that an elevator is necessary?
- By collecting photos, medical certificates, witness statements and written requests to the landlord you gather reliable evidence.
How-To
- Write a formal defect or request notice to the landlord and set a clear deadline.
- Collect photos, expert reports or medical certificates that document the need.
- Wait for the landlord's response and note the date of receipt and the content of the reply.
- If no agreement is reached, consider legal steps and contact the competent local court.
Help and Support / Resources
- Statutes and explanations on tenancy law at "gesetze-im-internet.de".
- Information on court jurisdictions on the federal courts' websites.
- Federal Ministry of Justice for official guidance and publications.
