Check Tenant Claims Clearly in Germany
As a tenant in Germany you have concrete rights — for example regarding rent reduction, necessary repairs, heating problems or entitlement to housing benefit. This article explains clearly how to systematically check your claim: which evidence is important, which deadlines apply under tenancy law and which official forms you need. You will receive clear steps for documenting defects, advice on contacting the landlord and guidance on when court action at the local court may be appropriate. Language is kept simple, legal terms are explained, and examples help you make informed decisions. At the end you will find a step-by-step guide, frequently asked questions and links to official legal texts such as the BGB and the ZPO. Keep all messages, photos and estimates so you have evidence for your claims.
What applies legally?
As a tenant you have duties and rights under tenancy law. The basis is the provisions of the Civil Code (BGB), especially concerning landlord obligations and rent reduction. § 535 BGB[1] For legal actions, the rules of the Code of Civil Procedure (ZPO) apply.[2]
Typical claims of tenants
- Rent reduction for significant defects
- Repair and remedy of defects
- Reimbursement of operating costs or reclaiming incorrect statements
- Entitlement to apply for housing benefit and subsidies
How to check: evidence, deadlines and forms
Check systematically:
- Photos, dates and witnesses: continuous evidence collection
- Written defect notification to the landlord with a deadline
- Collect estimates and invoices
- Check forms for housing benefit and government aid (WoFG)[3]
Legal steps and jurisdiction
Many tenancy disputes are heard at the local court (Amtsgericht); appeals go to the regional court (Landgericht) and possibly to the Federal Court of Justice (BGH).[4] The ZPO regulates procedural flow and types of actions.
Frequently Asked Questions
- When can I reduce the rent?
- When the usability of the apartment is impaired, you can reasonably reduce the rent. Document defects and set a deadline for the landlord.
- What deadlines apply to an eviction claim?
- Deadlines depend on the reason for termination and the provisions of the ZPO; inform yourself early at the local court.
- Where can I find official forms for housing benefit?
- Official housing benefit applications and information can be found on state portals or in the legal texts for the WoFG.
How-To
- Document defects with date, photos and witnesses.
- Send a written defect notification to the landlord and set a deadline.
- Check whether rent reduction is possible; calculate the percentage using guides.
- Apply for housing benefit or other subsidies if your income is strained.
- If no agreement is reached, file a lawsuit at the competent local court if necessary.
Key Takeaways
- Documentation is the basis for any claim.
- Set clear written deadlines for landlords.
- Use official forms and court assistance when needed.
