BGH Rulings 2025 for Tenants in Germany

BGH decisions from 2025 often directly affect the daily life of tenants in Germany. This article explains in practical terms what consequences recent rulings have for tenant rights regarding rent increases, termination, rent reduction and repairs. I describe which laws (§§ 535–580a BGB, ZPO) are relevant, which authorities and courts (local court, regional court, BGH) are responsible, and which official forms you can use. The guide shows concrete steps on how to assert claims, observe deadlines and collect evidence. I show which official forms like the termination-letter sample from the BMJ or objection templates to use and give tips on contact options at tenant associations & advisory centers in your area.

Rights as a Tenant in Germany

As a tenant you have certain basic rights under the BGB §§ 535–580a: the landlord must maintain the apartment, may only charge operational costs correctly, and terminations must be formally and substantively justified.^[1] In addition, the Federal Court of Justice decides in precedent cases how unclear clauses should be interpreted and what requirements apply to justifications.^[2]

Key steps for a rent increase or termination

1. Check the deadline / deadline: determine the legal or contractual deadline for objection or lawsuit and note the date.
2. Collect evidence: secure photos, defect reports, protocols and written communication.
3. Use forms: use templates for objections or termination letters and send everything verifiably by registered mail or by email with read receipt.
4. Document payments: provide bank statements, rent receipts and evidence of paid operating costs.
5. Court steps: if the legal situation is unclear, a lawsuit at the competent local court may be necessary.

Official forms and templates

Important official templates include, for example, the termination-letter sample of the Federal Ministry of Justice, objection templates and templates for rent reduction. Use official templates only as a model and always add individual facts. A practical example: for a rent increase check whether the justification is formally complete, note the time of receipt and send a written objection within the statutory deadline; a standardized termination or objection form is useful as a structure.^[3]

Courts and jurisdiction

As a rule, the local court decides on tenancy disputes, higher instances are the regional court and for legal questions the Federal Court of Justice. For many procedural questions and the correct type of action, the Civil Procedure Code (ZPO) is decisive. If you are considering a lawsuit, check jurisdiction, deadlines and necessary documents in advance.

FAQ

What can I do if the landlord wants to increase the rent?

Check the justification in writing, note deadlines and file an objection within the statutory deadline in case of doubts; collect all evidence on living area and the condition of the apartment.

Can the landlord terminate without notice?

Termination without notice is only possible in the event of a serious breach of duty (e.g. gross breach of trust or significant payment delays); check the requirements carefully and seek legal advice.

How do I file an eviction lawsuit?

An eviction lawsuit is filed at the local court; prepare the rental contract, proof of payments and correspondence and observe the deadlines of the ZPO.

How-To

1. Step 1: Draft a written objection or rent reduction statement as a letter or email with proof of receipt.
2. Step 2: Collect evidence such as photos, expert reports and correspondence.
3. Step 3: Observe the deadlines / deadline and send documents on time.
4. Step 4: Contact a local advisory center or tenant association for individual support.
5. Step 5: If necessary, prepare a lawsuit and file it at the local court.

Key Takeaways

• Note and meet deadlines consistently.
• Documentation in words and images strengthens your position.
• Official templates help formulate but do not replace individual review.

Help and Support / Resources

• BGB §§ 535–580a (Gesetze im Internet)
• Federal Court of Justice – Decisions
• Federal Ministry of Justice – Templates and Forms

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Bundesgerichtshof — Decisions
3. [3] Federal Ministry of Justice — Templates