Collect Comparable Flats: Tenants in Germany

As a tenant in Germany, you often need comparable apartment offers to challenge excessive rent, unlawful modernization charges or defects. This article explains in plain language which comparable flats and evidence are useful, how to properly gather documents and photos, which deadlines apply and which forms you may submit to the local court or authorities. We name the relevant sections of the BGB, typical sample forms and explain in practical terms how to proceed so that non-experts can effectively enforce their rights.

Why comparable flats matter

Comparable flats help prove market rents and show whether a rent or an operating cost statement is unusual. In disputes, the court uses such comparisons to determine a reasonable rent; the legal basis lies in the provisions of the BGB on tenancy agreements^[1].

What evidence to collect

• Photos and videos of defects (mold, heating failure, water damage) with date and a short note.
• Lease agreement, attachments and past operating cost statements as copies.
• Listings and offers for comparable apartments with price, location and date.
• Correspondence with the landlord: emails, letters, notes from conversations.
• Witness statements (neighbors, janitor) with contact details and a brief account.

Forms and templates

Important forms include: termination letter (template), payment order (Mahnbescheid) and the complaint for an eviction action. Official templates and guidance are available from the justice portals of the federal states and the central justice forms portal^[2]. Use the current template of the competent authority for each submission.

Deadlines and court procedure

Observe deadlines: for rent reductions and defect notices you should set the landlord a reasonable period to remedy the issue. If the landlord does not act, proceedings can be initiated at the local court; the Amtsgericht is the first instance for most tenancy disputes, while BGH rulings provide precedent^[3].

How-To

1. Collect documents: assemble copies of lease, operating costs, photos and listings.
2. Contact the landlord: report defects in writing and set a deadline for remedy.
3. Observe deadlines: act within the deadline or note the lack of response.
4. If necessary, file a complaint at the competent local court or initiate a payment order.

Frequently Asked Questions

Which listings count as comparable flats?

Listings count when location, size, amenities and condition are broadly comparable; save screenshots with date.

When is a rent reduction possible?

For significant defects that reduce usability. Report the defect immediately in writing and set a deadline for remedy.

Which court do I contact?

Generally the local Amtsgericht; appeals go to the Landgericht and possibly the Bundesgerichtshof.

Help and Support

• Gesetze im Internet – BGB §§535–580a
• Justizportal – Forms and templates
• Federal Court of Justice (BGH) – Official site

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Justizportal – Formulare und Muster
3. [3] Bundesgerichtshof – Offizielle Website