Avoid Tenant Mistakes: BGH Rulings in Germany
Many tenants in Germany face decisions that require meeting deadlines, keeping records and following the correct procedure. This guide explains in practical terms how to avoid common mistakes when applying BGH rulings and in daily tenant life, which deadlines matter and which authorities or courts are responsible. Read how to document defects, draft formal letters correctly and meet deadlines so you can protect your tenant rights and avoid unnecessary costs or eviction lawsuits. Concrete steps, official legal references and guidance on authorities are provided so you can act on time and with confidence.
Common mistakes and why they cause problems
Typical mistakes usually come from missing deadlines, poor documentation and incorrect wording in letters. If you miss deadlines or lack evidence, your chances in court diminish. Pay attention to statutory duties and the provisions from the BGB and the ZPO.[1][2]
- Missing deadlines: failing to respond to notices, cure periods or eviction deadlines.
- Poor documentation: no photos, no dates, no defect log.
- Incorrect wording in terminations or objections without legal basis.
- Underestimating court rulings: BGH decisions can set precedents.[3]
- Unclear rules on access and repairs lead to conflicts.
What tenants should do immediately
If a problem occurs: document it, inform the landlord in writing and set a reasonable deadline for remedy. If you want to object to service charge statements or rent increases, respond promptly and request supporting documents. In case of impending termination or eviction, seek legal advice or contact a tenants' association without delay.
- Make photos and logs: record date, time and circumstances.
- Send a written notice to the landlord with a clear deadline.
- Collect repair receipts and proof of professional work for serious defects.
- Contact a tenants' association or legal advice before deadlines expire.
Common legal misconceptions
Many tenants assume verbal agreements are sufficient or that nothing must be done without a written notice. In fact, written deadlines and evidence are important. The Amtsgericht is usually the first instance for tenancy disputes; higher courts include the Landgericht and the Federal Court of Justice for appeals and fundamental legal questions.[2][3]
FAQ
- What can I do if a rent increase seems unjustified?
- Check the justification, request comparables and documents, and file a written objection. Consider advice from a tenants' association or lawyer.
- Which deadlines must I observe?
- Deadlines vary by case; as a rule respond immediately in writing and within the deadlines stated in the letters. In disputes the Amtsgericht decides; also observe procedural deadlines of the ZPO.[2]
- Which court has jurisdiction?
- Most rental disputes are heard by the Amtsgericht, appeals go to the Landgericht and legal questions to the Federal Court of Justice.
How-To
- Document the defect immediately with photos, dates and a short description.
- Send a formal defect notice to the landlord and set a concrete deadline.
- Collect all repair receipts and communications as evidence.
- Contact a tenants' association or legal advisor if deadlines run out or eviction looms.
- If necessary, file a claim at the Amtsgericht and follow ZPO procedures.[2]
Help and Support / Resources
- Gesetze im Internet – BGB and ZPO
- Federal Court of Justice (BGH) – Decisions
- Federal Ministry of Justice and Consumer Protection
