Collecting Comparable Flats for Tenants in Germany

As a tenant in Germany you often need comparable flats to justify excessive rents, disputed service charges or defects. This guide explains step by step how to find suitable comparable flats, justify your selection objectively and collect evidence such as photos or form-based proofs. I provide practical examples of how a comparison offer is structured, which deadlines apply and which official forms under the BGB are relevant. The goal is to give you clear action steps so you can assert your rights more confidently — for example in rent reductions, rent increases or objections to utility bills. I also name the responsible authorities such as the local court, refer to relevant BGB sections and show how to document deadlines and correspondence.

Why comparable flats matter

Comparable flats help create a concrete basis for your claims: they show which rent is common in similar properties or how significantly a defect reduces habitability. Legal foundations are found in the German Civil Code (BGB) regarding landlord duties and defects.^[1] Collected comparison data is often decisive when it comes to rent reduction, objection to rent increases or the justification of a lawsuit.

Which documents to collect?

• Photos and condition documentation (photo) — record date, location and specific defects.
• Lease agreements of comparable flats (form) — note duration, basic rent and service charges.
• Listings and market prices (rent) — secure current offers for price comparison.
• Correspondence with the landlord and proof of deadlines (document) — emails, letters, delivery receipts.
• Appointments and deadlines (deadline) — when defects were reported or deadlines set.

When collecting, a table with columns for address, living area, number of rooms, basic rent, service charges, source and date is helpful. Also note differences such as location or amenities so comparisons remain objective.

How to justify comparable flats

A good justification explains briefly why the selected properties are comparable: same neighbourhood, similar living space, same number of rooms and comparable condition. Avoid general statements; instead refer to concrete data from your evidence. If necessary, list deviations (e.g. better equipment) and explain whether and how they affect the rent.

If negotiations fail, the local court is the first contact point for tenancy disputes.^[2] For a lawsuit, the rules of civil procedure (ZPO) must be observed, especially regarding form and deadlines.^[3]

Example: Rent reduction due to missing heating

You document: photos of cold rooms, notification to the landlord with date, heating cost statements before and after the outage and three comparable flats with similar equipment and prices. Formulate a short justification: how much the use has been restricted and what reduction you demand. Templates from the Federal Ministry of Justice can be helpful for formal letters.^[4]

FAQ

How many comparable flats are typically needed?

Practically, three to five well-documented comparable flats are useful so that a judge or landlord has a clear price orientation.

What is the role of the local court?

The local court generally decides on tenancy disputes when negotiations fail; it examines evidence, witness statements and legal bases.

Which deadlines are important?

Deadlines depend on the specific case (e.g. deadline for remedying defects or for filing a lawsuit). Document deadlines in writing and observe statutory rules.

How-To

1. Collect evidence: photos, listings, lease agreements and correspondence.
2. Sort comparable flats by location, size and equipment and note deviations.
3. Set clear deadlines for the landlord and document every communication.
4. If necessary, prepare a lawsuit and submit the documents to the local court.
5. Use templates and official forms to secure your claims formally.

Help and Support / Resources

• Gesetze im Internet — access to the BGB and ZPO.
• Federal Court of Justice (BGH) — case law on tenancy.
• Federal Ministry of Justice — templates and legal guidance.

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1. [1] German Civil Code (BGB) § 535 et seqq.
2. [2] Code of Civil Procedure (ZPO) — procedural information
3. [3] Federal Court of Justice (BGH) — decisions
4. [4] Federal Ministry of Justice (BMJ) — forms and templates