Check Your Lease: Tenant Tips in Germany
Before you sign a lease, you should as a tenant in Germany systematically check which rights and obligations you are taking on. This guide explains clearly what shared flats and individual tenants in big cities need to watch: contract duration, notice periods, utility bills, defect notices and renovation duties. I show practical inspection and documentation steps, how to use forms correctly, meet deadlines and consult tenant associations effectively. The guidance is based on German tenancy law and points to the competent courts and official forms so you can make decisions more confidently and avoid disputes. I list official forms, explain deadline calculations and provide sample texts for defect notices or objections to rent increases. Practical checklists help keep track during viewings, handovers and correspondence.
Check before signing
Read the contract in full and mark unclear clauses. Pay special attention to notice periods, graduated rents, cosmetic repairs and the rules on utilities. Put oral agreements in writing.
- Check notice periods and contract duration.
- Clarify rent, graduated rent, utilities and deposit.
- Read special clauses, renovation duties and pet rules.
- Create written records and handover protocols.
Forms, deadlines and legal bases
Key legal bases are the German Civil Code (BGB) for tenancy matters and the Code of Civil Procedure (ZPO) for court proceedings.[1][2] For letters to landlords or authorities, clearly state deadlines and document delivery methods.
- Send defect notices in writing with date and deadline.
- Set deadlines for rent reduction or defect remedy.
- Collect photos, videos and witness statements as evidence.
Defects, rent reduction and evidence
For significant issues like damp, heating failure or mold you may be entitled to reduce rent. Note the start, scope and effects of the defect and request remedy in writing. If necessary, obtain a quick tradesperson report and document communications.
- Report repair needs promptly and set a deadline for remedy.
- Collect dated photos and, if needed, independent reports as evidence.
- Calculate rent reduction and inform the landlord in writing.
Legal steps and courts
The local court (Amtsgericht) handles tenancy disputes; higher instances include the regional court and the Federal Court of Justice (BGH) for precedent.[3] Before filing a lawsuit, seek advice from a tenant association or legal counsel.
- Check the local court's jurisdiction before filing.
- Contact a tenant association for advice and act before deadlines expire.
FAQ
- Can I request changes to the lease before signing?
- Yes. Ask about unclear clauses and have ambiguous wording changed in writing; for shared flats, agree clear rules on subletting and cost sharing.
- What should I do for serious defects like mold or heating failure?
- Document the defect, set a reasonable deadline for remedy and notify the landlord in writing. Consider rent reduction and gather evidence.
- How do I use the tenant association effectively?
- Bring contracts, correspondence and receipts; tenant associations provide sample letters, advice and often legal protection for common tenancy disputes.
How-To
- Gather all relevant documents: lease, handover protocol, photos and messages.
- Draft a clear defect notice with date, description and deadline for remedy.
- Send deadlines in writing and document delivery (registered mail or confirmation of receipt).
- Contact the tenant association for guidance and use template letters before legal steps.
- If needed, prepare court documents for the local court and respect procedural deadlines.
Key Takeaways
- Read and document the lease completely before signing.
- Respond to deadlines and official letters promptly to protect your rights.
- Use tenant associations and official advice early to resolve issues.
