Lift Retrofit: Tenant Guide for Germany

Many tenants in Germany want to have a lift retrofitted, especially in older apartment buildings or when mobility is limited. As a tenant you have rights, but you must act pragmatically: document barriers, talk to the landlord, check funding programs and, if necessary, take legal action. This guide explains which legal bases are relevant, which forms and authorities may be involved and how to enforce claims step by step. It contains a practical checklist, notes on funding and sample letters so that you as a tenant remain capable of acting and can effectively assert your rights in Germany. The instructions are practical and avoid legal jargon; they also show which courts are competent and how to observe deadlines. At the end you will find a step-by-step guide and further authority contacts.

Rights and obligations of tenants and landlords

Landlords are responsible for the maintenance of the rented property under the German Civil Code (BGB); repairs and elimination of significant defects are among their duties.^[1] If the absence of a lift or lack of accessibility impairs use or health, there is often an obligation of the owner to remedy it, depending on the lease and the building type. For structural changes such as the installation of a lift, funding regulations and public building law must also be examined.

How to enforce a retrofit

Practical action increases chances of success. The following steps help to structure your claim:

• Collect evidence: photos, written complaints from previous tenants and a defect log.
• Give the landlord a clear deadline in a written letter and demand remediation or a plan for retrofitting.
• Check funding and public grants for accessibility under the Housing Promotion Act and similar programs.^[3]
• Use sample letters for the demand; informal letters are possible, templates can be found at the Federal Ministry.
• If the landlord does not respond: consider filing a lawsuit at the competent local court or a claim for performance.

Important: court routes and deadlines are governed by the Code of Civil Procedure; a prompt deadline in advance is often a prerequisite before going to court.^[4]

Practical checklist for tenants

• Create documentation: photos, defect log, medical certificates for mobility restrictions.
• Send a written request to the landlord with a deadline (e.g. 4 weeks).
• Check funding options and gather required documents; contact municipal offices.^[3]
• If no solution is found: seek legal advice and clarify the competence of the local court.^[2]

What tenants should consider for funding applications

Funding programs for accessibility are often tied to specific conditions: owner consent, evidence of accessibility benefits and technical reports. Tenants should contact the municipality or state funding agency early to clarify responsibilities and required forms. Legal frameworks such as the Housing Promotion Act define the scope.^[3]

Courts and jurisdictions

Rental disputes are usually heard in the local court (Amtsgericht); appeals go to the regional court and final civil law precedents are set by the Federal Court of Justice.^[2] Before filing a lawsuit, warnings and deadlines are often required; the Code of Civil Procedure regulates the process.^[4]

Frequently Asked Questions

Can I as a tenant demand the installation of a lift?

You can demand installation if there is a significant defect or special needs; success depends on the lease, ownership structure and legal review.

Who pays for the installation and can tenants claim costs?

The question of who bears the costs is complex: owners usually bear construction costs, funding can reduce costs; special payments by tenants are only possible by agreement.

What deadlines apply before filing a lawsuit?

Before filing a lawsuit you should set a reasonable deadline for the landlord to remedy the defect in writing; specific deadlines depend on the individual case.

How-To

1. Check your situation: document defects and collect evidence.
2. Find out about funding programs and collect the necessary documents.
3. Send the landlord an informal demand letter with a deadline and request a concept.
4. If no solution is reached, seek legal advice and, if necessary, file a lawsuit at the local court.^[4]

Help and Support / Resources

• Gesetze im Internet: BGB text and paragraphs
• Federal Court of Justice (BGH)
• Federal Ministry of Justice (BMJ)

1. [1] German Civil Code (BGB) §535 - Duties of the landlord
2. [2] Federal Court of Justice (BGH) - highest instance for civil law
3. [3] Housing Promotion Act (WoFG)
4. [4] Code of Civil Procedure (ZPO) - procedural rules