Check Tenant Claims: Tenant Rights in Germany
Many single parents and other tenants in Germany face questions about tenant claims — for example about housing allowance, rent reduction due to defects, or protection against eviction. This text explains in clear language which rights and duties tenants have, which deadlines apply and which official forms are required. You will learn how to secure evidence, prepare a housing allowance (Wohngeld) application and when a visit to the local court is sensible. The steps are described in a practical way so that you can check your claim legally securely and know which authority or which court is responsible. If necessary, we also show how to defend against an eviction suit or enforce a rent reduction. Examples and formulation aids explain how to write letters to the landlord and which deadlines are contained in the BGB. Use the information to prepare decisions securely.
What is a tenant claim?
A tenant claim can mean that, as a tenant, you are entitled to housing allowance, rent reduction or compensation for damages, or that the landlord must fulfill certain duties. The basic rules for rent, landlord duties and tenant rights are found in the Civil Code (BGB), especially in §§ 535–580a.[1]
Practical steps: act now
- Collect documents: rental contract, handover record, payment receipts and photos of defects.
- Check housing allowance and prepare the Wohngeld application (housing allowance application).[2]
- Observe deadlines: rent reduction, notice periods and any objection deadlines.
How do I properly document defects?
Note date and time, take photos and send a written defect notice to the landlord by registered mail or email with read receipt. Keep all landlord responses in writing.
Housing allowance and forms
The housing allowance application is an official form submitted to the responsible municipality. It is usually called "Wohngeldantrag" (there is no nationwide uniform form label), and application forms are usually available on your city or district's website. A practical example: a single parent with low income fills out the form, attaches proof of income and the rental contract, and submits the documents to the town hall. You can also submit the application in person or by post.[2]
If the landlord does not respond: rights and court
If the landlord does not respond to defect notices or demands, you can claim rent reduction or, in case of serious breaches, claim damages. If eviction or termination occurs, local court and civil procedure rules apply; procedural rules are found in the Code of Civil Procedure (ZPO).[3]
FAQ
- Who decides on housing allowance claims?
- The responsible municipality decides on housing allowance applications; the rules are anchored in the Wohngeld Act (WoFG) and are implemented locally.[2]
- Can I reduce the rent for persistent defects?
- Yes, for significant defects a rent reduction can be justified. It is important to send a written defect notice and to document. In case of dispute, a court decides.
- What happens if the landlord terminates the contract?
- In case of ordinary or extraordinary termination, check deadlines and reasons; you can file an objection or bring an action before the local court.
How-To
- Gather documents: rental contract, proof of payments, photos and correspondence with the landlord.
- Fill out the form: prepare the housing allowance application or written defect notice and attach all evidence.
- Make contact: send the defect notice to the landlord and request a deadline for remedy.
- Administrative steps: if necessary, submit the housing allowance application or seek legal advice for a suit at the local court.
- Observe deadlines: responses and lawsuits must be filed within statutory deadlines or rights may lapse.
Help and Support / Resources
- BGB §535ff. – Laws in Germany (Gesetze im Internet)
- WoFG – Wohngeld Act (Gesetze im Internet)
- Federal Court of Justice (BGH) – official site
