Collect Comparable Flats 2025 – Tenants in Germany

Why collect comparable apartments?

As evidence, comparable apartments help review rent increases, prove rent index values and compare the condition of your flat with similar properties. The German Civil Code regulates landlord and tenant duties in §§ 535–580a; precise legal questions can be decided at the local court.^[1]

What you should collect

• Photos of rooms and damages (photo) with date and short descriptions.
• Signed rental agreements and addenda (document).
• Service charge statements, receipts and payment records (receipt).
• Correspondence with the landlord, such as rent increase letters or deadline notices (notice).

Practical steps for securing evidence

1. Take photos (photo): Photograph affected areas from multiple angles and note date and time.
2. Send a written defect report (notice): Briefly state the defect, a deadline for remedy and send by registered mail or email; see official sources for sample texts.^[4]
3. Observe deadlines (within 14 days): File objections or defect reports promptly, ideally within 14 days.
4. If the conflict persists, file a lawsuit or eviction claim at the competent local court; the Code of Civil Procedure regulates the procedure.^[2]

If proceedings become necessary, the local court is the first point of contact for many residential tenancy disputes; higher courts such as the regional courts or the Federal Court of Justice decide legal questions in appeals.^[3]

FAQ

What is a comparable apartment?

An apartment with similar size, location and amenities used as a reference to assess your rent or the condition description.

How long should I keep documents?

Keep rental agreements, statements and photos for at least three years; in ongoing disputes keep them as long as necessary.

Can I use comparable apartments in court?

Yes. Well-documented comparable apartments help to demonstrate the reasonableness of a rent increase or the condition.

How-To

1. Document: Collect photos, contracts and statements (document).
2. Write: Draft a defect report or objection (notice) with date and deadline.
3. Meet deadlines: Send complaints within 14 days (within 14 days).
4. File at the local court: If necessary, file a lawsuit under the Code of Civil Procedure and attach evidence.^[2]

Key takeaways

• Early documentation prevents evidence gaps.
• Correspondence and receipts are often decisive.

Help and Support / Resources

• BGB – Gesetze im Internet
• ZPO – Gesetze im Internet
• Information on local courts
• BMJ – Sample texts and guidance

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Justizportal — Amtsgerichte
4. [4] Bundesministerium der Justiz — Informationen und Muster