Check Tenant Claims in Germany – Checklist
As a tenant in Germany, you often face questions about housing allowance, rent reduction, repairs or protection from eviction. This checklist helps you examine a claim systematically and with legal certainty: which documents are needed, which deadlines apply and which official forms are relevant. We explain terms clearly, give examples for typical housing situations and show concrete steps, such as how to document defects, calculate a rent reduction or apply for housing benefit. If necessary, we also explain when going to the local court is sensible and which documents the court expects. The goal is for you as a tenant to better assess your rights in Germany and act with greater confidence.
What to check first
Start systematically: check whether your issue (e.g. housing benefit, rent reduction, repair claim or protection from eviction) has a legal basis, which deadlines apply and which proofs you must collect. Describe facts precisely (date, time, place, description) and gather evidence.
Typical check steps
- Check housing benefit: clarify entitlement, prove income and submit the housing benefit application to the municipal housing benefit office.
- Document defects: photos, date, notify landlord in writing and set a deadline for remedy.
- Observe deadlines: observe landlord response times and statutory deadlines for lawsuits.
- Forms & evidence: record all relevant forms, decisions and bank statements.
- Court options: if negotiations fail, check litigation paths at the competent local court.
Example: Rent reduction due to mold
Document the mold with photos and date, inform the landlord in writing and set a reasonable deadline for remedy. If there is no remedy, calculate an appropriate rent reduction and notify the landlord in writing. In case of dispute, you can later have the reduction confirmed by a court.
Forms and official authorities
Important forms and guidance for tenants:
- Housing benefit application (at the municipal housing benefit office): form to apply for housing benefit, e.g. for low-income households; example: single parent enters income and rent costs into the form.
- Defect notice / damage report to the landlord: no uniform federal form, but a written notice is required; example: written email or letter with a 14-day deadline.
- Eviction/termination related documents: sample termination letters or response letters to the landlord are practically relevant; check deadlines according to statutory rules.
For legal bases, see the Civil Code (BGB) on tenancy contracts and duties as well as the Code of Civil Procedure (ZPO) for court procedures. For subsidy entitlements, consider the Housing Promotion Act (WoFG).[1][2][3]
If the landlord does not respond
If the landlord remains inactive despite the deadline, document again and check the following options: rent reduction, extraordinary termination in case of significant health hazard or lawsuit at the competent local court. The local court is usually the first instance for tenant law disputes.[4]
FAQ
- How long do I have to report defects?
- You should report defects immediately and document them in writing; usual response deadlines are 14 to 30 days depending on the defect.
- When can I reduce the rent?
- A rent reduction is possible if the quality of living is significantly restricted and the landlord does not respond in time; the amount depends on the extent of the defect.
- Where do I turn if the landlord files an eviction suit?
- An eviction suit is filed at the competent local court; inform yourself about deadlines and submit your documents completely.
How-To
- Document: take photos, note dates and name witnesses.
- Notify in writing: inform the landlord in writing and set a deadline.
- Check legal basis: check entitlement bases like housing benefit or rent reduction according to the laws.
- Authorities & forms: submit housing benefit application at the housing benefit office or seek legal advice if uncertain.
- Court steps: if required, file a lawsuit at the local court and attach evidence.
Help and Support
- BGB: Civil Code (tenancy provisions)
- WoFG: Housing Promotion Act (Wohngeld)
- ZPO: Code of Civil Procedure