Check Tenant Claims: Checklist for Renters in Germany
As a renter in Germany you often face questions about claims, deadlines and the right forms — especially in flatshares where responsibilities are shared. This guide helps you systematically check whether a claim exists, which deadlines apply and which official forms are needed. I explain in plain language what evidence you should collect, how to meet deadlines and which steps make sense in a dispute with the landlord. Examples from flatshare situations make the checklist practical. At the end you will find a short how-to for submitting template letters and notes about which courts are responsible so you can make confident decisions. Let’s get started.
What to check
First check whether a legal claim exists: rent reduction for defects, refund of overpaid rent or a right to repair. The governing rules are in the German Civil Code (BGB), particularly on landlord duties and defects.[1] Note exactly since when a defect exists, how it affects use and whether flatshare roommates are affected.
- Take dated photos of the damage.
- Save correspondence with the landlord (emails, letters).
- Keep the lease and move-in protocol ready.
Deadlines and sample forms
Watch deadlines: after reporting a defect, time limits for repairs or statute of limitations begin. When making formal declarations, use clear wording and meet deadlines. Official legal texts and explanations are available at the law portal.gesetze-im-internet.de
Important forms and templates (examples):
- Termination letter (template from the Federal Ministry of Justice): used when you end the lease; example: a flatmate moves out and you terminate at month end.
- Objection to the service charge statement: usually possible informally; send a deadline and attach documents, e.g. for unclear charges.
- Application/response in eviction proceedings: to be filed at the competent local court if you want to contest an eviction or dispute deadlines.
Collecting evidence
Gather all relevant proof and arrange it chronologically. Note witnesses, keep receipts and create a short damage log with date and time.
- Photos and videos with dates.
- Save emails and letters as PDFs.
- Record witness names and short statements in writing.
When it goes to court
If disputes remain unresolved, litigation may be necessary. Local courts (Amtsgericht) are generally responsible for rental disputes; civil procedure law governs filing and service rules.[2] Appeals go to regional courts and fundamental legal questions are decided by the Federal Court of Justice.[3] Prepare a clear statement of claim, attach evidence and specify the disputed amount as well as your concrete legal remedy.
FAQ
- How long do I have to report defects?
- Immediately after discovery: report defects in writing to the landlord and set a reasonable deadline for remedy.
- Is there a template for termination in a flatshare?
- Yes, the Federal Ministry of Justice provides guidance on terminations; in flatshares follow the termination periods in the lease and any internal agreements among roommates.
- Who pays for damage to shared household items?
- It depends on cause and fault: clarify liability internally and document the damage; the court may decide responsibility if necessary.
How-To
- Check: clarify your claim and applicable deadlines.
- Collect evidence: compile photos, emails and witness notes.
- Send template letters: set a deadline and state your demand clearly.
- If necessary: file a claim at the competent local court.
Help and Support
- Law texts (Gesetze im Internet)
- Federal Ministry of Justice and Consumer Protection
- Federal Court of Justice (BGH)
