Avoid Renovation Mistakes for Tenants in Germany
Many tenants in Germany face energy-efficient renovations in old buildings and are unsure about the rights, duties and costs that affect them. This guide explains in plain language how you as a tenant can avoid typical mistakes, report defects in writing and how modernization costs can affect the rent. We show which deadlines and formal steps are important, which official authorities are responsible and which template forms you can use. The information is based on applicable German law and official sources so you can make decisions with greater confidence. Examples and action steps help you protect your interests during renovations in old buildings and avoid unpleasant surprises. Read on.
What this means for tenants
Energy-efficient renovations often change living quality, energy consumption and sometimes the rent. Tenancy law obligations and rights are found in the Civil Code (BGB), especially regarding maintenance duties and modernization measures[1]. The allocation and billing of heating and hot water costs are governed by the Heating Cost Ordinance[2]. In case of disputes, the competent local court (Amtsgericht) is generally responsible; higher instances are the regional court (Landgericht) and the Federal Court of Justice (Bundesgerichtshof)[3].
Typical mistakes and how to avoid them
- Unclear cost allocation: Clarify in writing which modernization costs may be passed on to tenants and in what amount.
- Not reporting defects in writing: Always report damages by e‑mail or letter with date and description.
- Ignoring deadlines: Respond within set deadlines to announcements, objections or requests.
- Unauthorized changes: Do not carry out structural changes without the landlord's explicit consent.
- Insufficient documentation: Photograph, date and store all defects, messages and receipts carefully.
Forms, deadlines and authorities
There are no nationwide standardized forms for many steps, but clear standards exist: A defect notice should include name, date, detailed defect description and a deadline for remedy; send it by e‑mail and additionally by post if possible. For formal proceedings (e.g. eviction suit, claim for payment), the local courts are responsible; there you can find procedural information and templates for lawsuits or payment orders.
Practical example: Write a defect notice with date, describe mold infestation, attach photos and set a 14‑day deadline for remediation. If there is no response, document further contact attempts and consider rent reduction or legal action.
FAQ
- Can the landlord increase the rent because of modernization?
- Yes, under certain conditions the landlord can pass on modernization costs proportionally to tenants; the legal rules are found in the BGB. The announcement must be timely and in writing.[1]
- Do I have to accept a modernization announcement?
- You cannot categorically object, but you should check whether the announcement properly considers deadlines, the type and scope of the work and possible hardship cases. If information is unclear, ask in writing.
- When can I reduce the rent due to defects?
- If the usability of the apartment is impaired (e.g. no heating, mold), a rent reduction may be possible. Documentation and setting a deadline are important; in case of doubt the local court decides.
How-To
- Step 1: Report defects in writing – include date, description and deadline.
- Step 2: Collect evidence – secure photos, invoices and logs.
- Step 3: Contact the property manager or landlord and record conversations.
- Step 4: Consider rent reduction or reimbursement, possibly with legal advice.
- Step 5: Observe deadlines – file objections and suits on time.
Key Takeaways
- Documentation protects your rights: keep photos and copies.
- Clear written communication with deadlines reduces conflicts.
- Inform yourself early about legal rules and possible cost allocations.
Help and Support
- BGB online (gesetze-im-internet.de)
- Heating Cost Ordinance (gesetze-im-internet.de)
- Courts and procedures (justiz.de)
