Checklist: Living Area Discrepancy for Tenants in Germany

What is a living-area discrepancy?

A living-area discrepancy occurs when the living area stated in the lease or listing differs from the actual usable area. Such differences can affect rent, utilities and claims for refunds. In disputes, the German Civil Code (BGB) provides rules on tenant duties and rent reductions^[1], and tenancy disputes are often decided in the competent local court (Amtsgericht)^[2].

Quick check: immediate steps

• Measure all rooms (length x width) and note deviations.
• Create photos of floor plans, room corners and built-in areas.
• Compare measurement results with the lease and highlight differences in the listing.
• Keep a dated measurement log with witnesses if possible.

Evidence collection and communication

Collect measurement logs, photos and the lease as evidence. Send the landlord a clear written request to clarify the stated area and ask for correction or a response within a reasonable deadline (e.g. 14 days). Use a concise structure for the letter: facts, measurement data, requested action, deadline. If the landlord does not respond or the discrepancy is substantial, court clarification may be necessary; check the local court's jurisdiction^[2].

Legal basis and forms

Key legal foundations are in the BGB, especially regarding tenants' rights and rent reduction. In more complex cases, a lawsuit or declaratory action at the local court may be necessary. Official templates and form collections can be found at government ministries, for example the Federal Ministry of Justice and Consumer Protection^[3]. Tip: state the exact discrepancy in square metres and the calculation method in your letter.

FAQ

What counts as an acceptable deviation?

A small deviation is often tolerated; whether it is legally relevant depends on the magnitude and its effect on the rent. For significant differences, document and seek legal review.

Can I reduce rent because of an incorrect area statement?

Yes, rent reduction is possible if usability or the promised performance is significantly impaired; the exact reduction depends on the individual case.

When should I involve the local court?

If the landlord does not cooperate and there is a clear written record and evidence, a lawsuit or declaratory action at the competent local court may be appropriate^[2].

How-To

1. Measure systematically: record length and width of each room and any unusual surfaces.
2. Document measurements with photos, sketches and a dated log.
3. Compare results with lease and listing and calculate the difference in m².
4. Send a letter to the landlord requesting clarification and set a deadline.
5. If no agreement, consider court options at the local court or seek legal advice.

Key Takeaways

• Accurate measurements and photos are the core basis for any claim.
• Written communication with a deadline strengthens your case.
• The local court is the authority for tenancy disputes.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de
• Justizportal Deutschland — justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Informationen zu Gerichten und Zuständigkeiten — justiz.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz — bmj.de