Checklist: Accessible Bathroom for Tenants in Germany
Why documentation matters
As a tenant you should document every step when adapting an accessible bathroom in an older building. Written notifications, photos and invoices help to prove defects and assert your claims against the landlord. For landlord maintenance obligations and possible reductions, the statutory provisions of the BGB are relevant.[1]
Checklist: What to document
- Photos and videos before, during and after each measure (note date and time).
- Measurement protocols and sketches for dimensions, heights and floor levels.
- Written correspondence with the landlord: emails, letters, delivery receipts and appointments.
- Cost estimates, invoices and payment receipts for materials and tradespeople.
- Witness statements from neighbors or contractors (short written statements).
- Medical certificates or prescriptions if modifications are necessary for health reasons.
- Permits, grant applications or decisions (e.g., housing allowance/WBS if relevant).
- Deadlines and appointments (date of receipt of letters, statutory deadlines, setting deadlines for the landlord).
How to collect and secure evidence
Take clear dated photos (preserve smartphone metadata), record exact times and describe damage briefly in writing. Send defect notifications in writing, but provably, to the landlord (e.g., registered mail or email with read receipt) and keep copies. If there is a legal dispute, the ZPO governs court procedure.[2]
How-To
- Take photos and videos: document all relevant angles, damage and measurements.
- Send a written defect notice to the landlord and set a deadline for response (e.g., 14 days).
- Obtain cost estimates and collect invoices; clarify whether the landlord agrees or will cover costs.
- Note deadlines and set reminders; document any delays by the landlord.
- If no agreement is reached, consider filing a claim at the local Amtsgericht or seek official advice.
Frequently Asked Questions
- Can I make accessibility changes without the landlord's consent?
- Generally tenants need the landlord's consent for structural changes. Small, non-substantial measures may be possible, larger modifications require an agreement. Landlord obligations to remedy defects are set out in the BGB.[1]
- Which deadlines matter if the landlord does not respond?
- Set a reasonable deadline for the landlord to remedy or respond (e.g., 14 days). If the landlord does not respond, further steps like rent reduction or legal action may follow; the ZPO governs procedure.[2]
- Which court handles tenancy disputes?
- Tenancy disputes are usually heard in the local Amtsgericht in the first instance. Higher instances are the Landgerichte and ultimately the Federal Court of Justice for precedent matters.[3]
Help and Support / Resources
- BGB § 535 – Landlord obligations (gesetze-im-internet.de)
- Zivilprozessordnung (ZPO) – Court procedure guide
- Federal Court of Justice – Decisions (bundesgerichtshof.de)