Installing an Elevator: Tenant Rights in Germany

As a tenant in Germany, retrofitting an elevator can be important for older or accessible access. This article explains what rights and duties tenants have, which proofs are useful and how to plan formal steps if your building is to be equipped with an elevator. We cover who may bear costs, what co-determination rights exist in the lease or under housing law, and how to practically carry out defect notifications, deadlines and evidence preservation. Use the guidance to document claims factually and, in disputes, to address the correct authorities and courts. The information refers to central legal bases in Germany and shows concrete courses of action for tenants in everyday life.^[1]

When is elevator retrofitting possible?

Whether a landlord must or may install an elevator depends on the lease, structural conditions and modernization law. In many cases, modernizations are permitted if they serve the long-term preservation or improvement of living quality. Consent obligations, cost allocation and apportionments are often regulated contractually or by law.^[1]

How do I prepare evidence as a tenant?

Careful documentation is decisive. Collect clear evidence, communicate in writing with the landlord and observe deadlines before considering legal steps.

• Take photos and protocols of structural conditions and possible barriers
• Report defects or needs to the landlord in writing (defect notice)
• Note important deadlines and document the landlord's responses
• Collect witness statements or neighbors as additional confirmation

Costs, consent and apportionment

Modernization costs can, under certain circumstances, be passed on to tenants; many details are regulated by tenancy law. Clarify whether the installation counts as modernization, which calculation methods apply and whether subsidies or funding programs are available.^[2]

If the landlord does not respond

If the landlord does not respond to defect notices or queries about elevator installation, judicial steps or involvement of conciliation bodies are possible. Local courts (Amtsgericht) are usually competent for rental disputes; complex legal questions may be decided up to the Federal Court of Justice (BGH).^[3]

FAQ

Who pays for a retrofitted elevator?

That depends on whether it is classified as a modernization, contractual agreements and statutory rules; sometimes costs can be apportioned, in other cases the owner bears the costs.

Do I as a tenant have to agree to the retrofit?

For structural measures that affect the fabric of the building, the owner's consent is often required; tenants can influence type and scope through co-determination rights.

What evidence helps in a dispute?

Photos, written defect notices, timestamps of messages, witness statements and cost estimates are important evidence for complaints or claims.

How-To

1. Collect evidence: assemble photos, communication and cost estimates
2. Inform the landlord in writing and set a deadline for response
3. Document deadlines and, if necessary, send a final reminder
4. Contact a conciliation body or local court
5. Submit required forms or complaints correctly

Key Takeaways

• Documentation is the basis for success in negotiations or proceedings.
• Deadlines and formal requirements often decide retention of rights.
• The local court (Amtsgericht) is usually the first instance for rental disputes.

Help and Support / Resources

• BGB §§ 535–580a at Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] BGB §§ 535–580a at Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) at Gesetze im Internet
3. [3] Decisions and information at the Federal Court of Justice
4. [4] Information and forms at the Federal Ministry of Justice and Consumer Protection