BGH Rulings 2025: Tenant Rights in Germany
As a tenant in Germany it is important to understand the effects of recent BGH rulings 2025 on termination, rent increases and defects. This guide explains clearly which deadlines apply, when a rent reduction (Mietminderung) is possible and how to act if the heating fails, mold appears or repairs are delayed. I describe practical steps: which official forms are needed, how to collect evidence and when the local court (Amtsgericht) is responsible. The information is based on BGB provisions and relevant BGH decisions so you can enforce your tenant rights securely and on time. At the end you will find an FAQ, a step-by-step guide and official help contacts.
What did the BGH decide?
The Federal Court of Justice (BGH) decided important points on tenancy law in 2025, especially on enforceability of rent reductions, deadlines and the admissibility of rent increases after modernization. The decisions are interpreted with regard to the German Civil Code (BGB).[1] For further precedents see the collection of BGH decisions.[2]
- Deadlines for rent reductions were clarified: tenants must report defects in writing and observe deadlines.
- Requirements for rent increases after modernization have been tightened; notice periods must be checked.
- Landlord obligations for heating and water damage were confirmed; prompt repairs are required.
- Procedures for eviction lawsuits and requirements for deadlines were clarified.
What tenants should do now
Act systematically: inform the landlord in writing, observe deadlines and collect evidence.
- Notify in writing: describe the defect precisely, demand remedy and set a reasonable deadline.
- Collect evidence: secure photos, date, time, witnesses, caretaker contacts and heating cost statements.
- Document contact: record calls, appointments and replies by email or registered mail.
- Consider court action: contact the local court (Amtsgericht) if deadlines are not met.[3]
How-To
- Observe the deadline: report the defect in writing and set a remedy deadline, e.g. 14 days.
- Collect evidence: take photos, record measurements, get witness statements and make logs.
- Use a template: send a letter to the landlord by registered mail or email and keep a copy.
- Wait: allow time for a response, let the deadline expire and document again.
- Court: if no remedy is provided, consider filing a claim or defense at the local court (Amtsgericht).
FAQ
- Can I reduce the rent immediately if the heating fails?
- You should report the defect in writing immediately and set a reasonable deadline for remedy. A rent reduction may be possible but depends on duration and severity.[1]
- How do I defend against an eviction lawsuit?
- Gather evidence, respond to the lawsuit on time and apply for legal aid if needed. Many tenancy disputes are handled by the local court (Amtsgericht).[3]
- Which forms do I need and how do I use them?
- Useful documents include: tenant termination letter, objection to the service charge statement and a template for defect notification/rent reduction. Example: send the defect notice by registered mail and state "Remedy demanded within 14 days".
