BGH Rulings for Tenants 2025 Germany
As a tenant in Germany it is important to understand how new BGH decisions in 2025 can affect your daily life. This text explains in practical terms which rights arise from the BGB, how deadlines for rent increases or termination work and when a rent reduction due to defects is possible. You will learn simple steps for documenting damage, how to use official forms and when it makes sense to go to the local court. The aim is to make court decisions understandable so that you can meet deadlines, secure evidence and make informed decisions.
Important legal bases and authorities
Central provisions in German tenancy law are found in §§ 535–580a BGB.[1] Procedural rules are governed by the Civil Procedure Code (ZPO), for example in eviction cases.[2] Precedents are published by the Federal Court of Justice (BGH) and their interpretation in 2025 often has practical consequences for tenants.[3]
What tenants should pay attention to
- Rent: Always check every rent increase in writing and request justification from the landlord.
- Termination (notice): Keep termination letters and check deadlines immediately.
- Repair: Report defects in writing with a deadline and document damage with photos.
- Evidence: Keep a defect and communication log; copies are important in court disputes.
- Court: The local court is responsible for disputes; higher instances are the regional court and the BGH.
Forms and templates (official)
Use official templates for letters to the landlord or for terminations to avoid formal errors. A central source for official texts and guidance is the Federal Ministry of Justice.[4] Example: Use a signed "termination letter (template)" when you want to end the tenancy properly; include date, address, contract details and signature. For a rent reduction, a formal defect notification with a deadline to remedy is sufficient.
How to proceed with defects and repairs
- Check deadlines: Set a reasonable deadline for the landlord to remedy the defect.
- Document: Take photos, note dates and extent of the damage.
- Notify in writing: Send a signed defect letter by registered mail or email with confirmation of receipt.
- Minor repairs: Check whether a clause on minor repairs applies in the lease and how costs are shared.
Practical steps for termination or eviction
If tenants receive a termination, they should immediately check whether formal requirements are met and whether there are grounds for contesting or objecting. In the event of an impending eviction suit, the local court provides information on deadlines and enforcement procedures; timely reaction reduces risks.
FAQ
- What deadline do I have to respond to a termination?
- For an immediate termination you must check immediately and possibly file an objection within two weeks; for ordinary termination the statutory notice periods under the BGB apply.
- Can I reduce the rent if the heating fails?
- Yes, a rent reduction is possible in case of significant impairment of usability; document the extent and duration of the failure.
- Who is responsible for tenancy disputes?
- The local court is responsible in the first instance; higher courts are the regional court and the BGH.
How-To
- Check the deadline: Determine the statutory or contractual deadline for your response.
- Collect evidence: Secure photos, messages, invoices and witness statements.
- Notify in writing: Send the landlord a defect letter with a deadline.
- Involve the court: File a claim at the local court if necessary and prepare your documents.
Help and Support / Resources
- Local courts (Amtsgericht): Contact for enforcement and jurisdiction questions.
- Federal Ministry of Justice (BMJ): Official guidance and templates.
- Federal Court of Justice (BGH): Published decisions and reasons.
