Challenge Comparable Apartments: Tenant Rights in Germany

Many tenants in Germany wonder whether they can challenge a so-called comparable apartment used to justify rent increases or evictions. This guide explains in plain language what tenants' rights are, which evidence matters and which steps are sensible when filing an objection or lawsuit. It is aimed at existing tenants without legal expertise and shows practically how to meet deadlines, use official forms and which authorities or courts are responsible.

How tenants can challenge comparable apartments

If you suspect a comparable apartment was misused to justify a rent increase or eviction, start with a systematic review: request the landlord's written reasons and comparisons, collect your own evidence and check the legal basis in the BGB.^[1]

Collect important evidence

• Photos (photo) and videos of defects, condition or location of the apartment.
• Documents (document) such as the lease, prior utility statements and correspondence.
• Witness statements or written confirmations (evidence) from neighbors or contractors.

With these proofs you can draft an objection to the comparison claims or prepare legal action if necessary. Pay attention to deadlines and formal requirements, for example for objection letters.

Forms and templates

Use prescribed templates and samples, for example for a timely rebuttal or a defense against termination. Official templates and guidance from the Federal Ministry of Justice help with wording and serve as orientation.^[3]

FAQ

Can I challenge a rent increase if the landlord cites comparable apartments?

Yes, you can have the legality of comparable apartments reviewed and present evidence that the cited apartments are not comparable.

When is an urgent procedure appropriate?

An urgent procedure may be appropriate in cases of imminent eviction or health risks; proof of imminent harm is usually required.

Which court is responsible?

Many tenancy disputes are heard by the local court (Amtsgericht); higher instances include the regional court (Landgericht) and ultimately the Federal Court of Justice (BGH).^[4]

How-To

1. Check deadlines (within 30 days) and respond in writing within the set deadline.
2. Collect evidence (photo, document) and create an organized file.
3. Submit an objection or written rebuttal to the landlord with supporting documents.
4. If necessary, consider filing a lawsuit at the competent local court (court) in accordance with the ZPO.^[2]

Key Takeaways

• Good documentation is the basis for any successful challenge.
• Respect deadlines: late responses limit your rights.
• Use official templates and government guidance for added security.

Help and Support

• BMJ: Federal Ministry of Justice and Consumer Protection
• Gesetze im Internet: Civil Code (BGB)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 et seq. — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice and Consumer Protection — bmj.de
4. [4] Federal Court of Justice (BGH) — bundesgerichtshof.de