Elevator Installation: Rights & Costs for Tenants in Germany

As a tenant in Germany, you often face questions when the landlord wants to install an elevator: Do you have to tolerate it, who pays which costs, and how do you document expenses to substantiate claims later? This guide explains in plain language what tenants' rights are, which steps are possible regarding modernization and cost allocation, and how to securely collect receipts, photos and communications. The tips help you meet deadlines, prepare formal letters and, if necessary, inform the competent courts. Read on for concrete actions and to avoid common pitfalls in cost allocations.

What tenants need to know

An elevator installation can be considered a modernization and is subject to rules on cost allocation under the Civil Code (BGB). Landlords may not pass modernization costs onto tenants arbitrarily; limits and formal requirements apply, especially for rent increases to allocate costs.^[1] When it comes to consent, toleration or compensations, securing written communication and evidence is important. In disputes about legality or procedure, the local court (Amtsgericht) often decides in the first instance.^[2]

When must tenants tolerate works?

Tenants generally must tolerate works if they serve maintenance or modernization of the building and were reasonably announced. However, toleration duties end where disproportionate burdens or unlawful intrusions occur. Before start, check whether the measure is classified as modernization under § 555b BGB and which reduction or objection rights exist.

How to document costs correctly

• Take photos of the original condition, construction progress and final result.
• Collect all invoices, payment receipts and cost estimates.
• Save correspondence with the landlord, property manager and craftsmen (emails, letters).
• Note phone calls with date, time and the person spoken to as a short record.

If the landlord intends to allocate conversion costs, check the calculation carefully: which items count as modernization costs, which are maintenance? Request a cost breakdown and supporting documents if unclear.

Practical steps in case of dispute

Before any escalation, keep an ordered dossier: photos, invoices, contracts, communication. Send the landlord a deadline for clarification by registered mail or email with delivery confirmation. If no agreement is possible, a resolution may be pursued at the local court; the provisions of §§ 535–580a BGB and procedural rules of the ZPO are relevant.^[1][3]

Frequently Asked Questions

1. Do I have to tolerate the installation of an elevator as a tenant?

It depends on the type and extent of the measure; modernizations are generally allowed but can only be charged to tenants under specific conditions and within legal limits.

2. Who pays the costs and how are they calculated?

Landlords can claim part of the modernization costs as a rent increase, provided legal requirements are met; the exact calculation and allocation can be reviewed.

3. What deadlines are important if I want to object?

You should review notifications immediately and respond within statutory or contractually specified deadlines; if unsure, set a deadline for clarification.

How-To

1. Collect all evidence immediately: photos, invoices, emails and contracts.
2. Request a detailed cost statement from the landlord.
3. Set a written deadline for clarification (e.g., 14 days) and document dispatch.
4. Check statutory deadlines and act in time to avoid losing rights.
5. If necessary, file a claim or objection at the competent local court.

Help and Support

• Federal Ministry of Justice and Consumer Protection – Information on tenancy law
• Justice portal – information on courts (local courts)
• Laws on the Internet – BGB and ZPO

1. [1] Laws on the Internet – BGB §§535–580a (Tenancy law)
2. [2] Justice portal – Competence of local courts
3. [3] Laws on the Internet – Code of Civil Procedure (ZPO)