Avoid Serviced Apartment Mistakes – Tenants in Germany

As a tenant in Germany you face specific rules when renting a serviced apartment long-term. Many mistakes arise from unclear contract clauses, missing documentation or misunderstandings about utilities, security deposit and maintenance. This guide explains in plain language which pitfalls are most common, how to document damage and rent reductions correctly, and which deadlines apply for termination or defect notices. You will also find practical example situations, official references and notes on legal protection and court jurisdictions. The aim is to give you concrete steps so you can enforce rights, avoid unnecessary costs and live securely in the long term.

Worauf Mieter achten sollten

Basic duties and rights are regulated in the German Civil Code (BGB); these include the landlord's obligations to maintain the rental and your rights in case of defects.^[1] Read the rental agreement carefully, pay attention to term, notice periods, included services and rules for deposit repayment. Record handover dates, create a handover protocol and photograph damages promptly.

Typische Fehler mit Beispielen

Contract clauses and terms

Many problems start with unclear clauses:

• Unclear deposit amount or repayment rules.
• No or unfavorable notice periods for long-term bookings.
• Flat utility fees without a clear accounting obligation.

Maintenance and defects

A common mistake is not reporting defects promptly or insufficiently documenting them. Write a formal defect notice and set a reasonable deadline for remedy.

Compensation and rent reduction

Before reducing rent, observe deadlines and give the landlord a chance to remedy. Without a written defect notice you risk losing claims. Examples: heating failure in winter, mold after water damage, lack of hot water.

Forms, deadlines and authorities

For many steps there is no mandatory official form: terminating the tenancy must be in writing and follow BGB deadlines; an informal termination letter can suffice. For court action, e.g. eviction claims, the Code of Civil Procedure (ZPO) applies and you will typically appear before the local Amtsgericht.^[2]

Practical steps

Example 1 – Defect notice: State the defect briefly, date, photos as evidence, deadline for remedy (e.g. 14 days) and optionally announce rent reduction. Example 2 – Deposit claim: After moving out request a verifiable accounting, set a deadline and provide your bank details.

FAQ

Can I reduce rent if the heating fails?

Yes, for significant impairments you can reduce rent. Report the defect immediately in writing and document temperature readings and communication with the landlord.

Does a serviced apartment need a minimum set of furnishings?

Landlords must provide the agreed furnishings and basic habitability. If something essential is missing, file a defect notice.

Who handles an eviction dispute?

The local Amtsgericht is the first instance for tenancy disputes such as eviction claims; procedural rules follow the ZPO.^[2]

Anleitung

1. Document the defect with photos, date and time.
2. Send a written defect notice to the landlord and set a deadline (e.g. 14 days).
3. Keep records of phone calls and supplement files with emails.
4. If there is no response, inform the Amtsgericht or seek legal advice.
5. After successful remedy request a final confirmation and any reimbursement of costs.

Hilfe und Unterstützung / Ressourcen

• [1] Bürgerliches Gesetzbuch (BGB) §§535 ff. – gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) §253 – gesetze-im-internet.de
• [3] Bundesgerichtshof – Decisions on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) §§535 ff. – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) §253 – gesetze-im-internet.de
3. [3] Bundesgerichtshof – Decisions on tenancy law