Common Tenant Advice Errors in Germany 2025

Online advice can offer tenants in Germany quick help, but it also contains common pitfalls: deadlines are missed, forms are filled out incorrectly and evidence is not collected systematically. For tenants without legal training, it is important to know basic rules of tenancy law and practical procedures: which phrases are important in letters, how to document defects and where to turn in case of unclear notices or rent increases. This guide shows concrete mistakes that are particularly common in 2025 and gives clear action steps for practice in Germany. This way you are better prepared, act within deadlines and increase your chances of resolving issues without court.

Why online tenant advice can cause mistakes

Digital advice is fast but does not always provide all formal pointers required under German tenancy law. Many tips mention deadlines or template phrases but do not cite the legal basis such as the BGB (Sections 535–580a)^[1] or the procedural consequences under the ZPO^[2]. Uncertainties about deadlines, missing recipient addresses or incomplete evidence tables often lead to loss of important rights or make proceedings at the local court (Amtsgericht) necessary.^[3]

Common mistakes and how to avoid them

• Missing deadlines for objections, rent increases or repair reports.
• Submitting forms incorrectly or sending them to the wrong address.
• Collecting little or unstructured evidence (photos, dates, witnesses).
• Making payments without receipts or not documenting the security deposit correctly.
• Failing to report defects immediately and not setting a deadline for repairs.

What to do for notices, defects and rent increases

Act promptly: first check whether the notice is formally correct and whether deadlines were met. For defects, describe the problem precisely, date photos and set a reasonable deadline for the landlord to remedy the issue. Many disputes can be resolved with a carefully worded formal letter; if not, the next step is often a lawsuit or a payment order at the competent local court.^[3]

Check the notice

Check whether the reasons and the form of the notice comply with the legal requirements (BGB). Collect evidence and consider whether a deadline-preserving response or an objection makes sense.

Report defects

Draft a written defect notice with a deadline and supporting evidence. Use registered mail or documented handover to secure proof.

FAQ

Can I reduce rent if the heating does not work?

Yes, for significant impairments a rent reduction may be possible; check the requirements under BGB §536 and document the extent and duration of the defect.^[1]

How should I respond to an extraordinary termination by the landlord?

Read the termination letter carefully, note deadlines and reasons, collect evidence and seek legal advice early. If in doubt, a deadline-preserving response may be appropriate.^[3]

Which forms are important for a payment order?

Payment order procedures use specific forms; official procedural instructions are available from the justice authorities and local courts.

How-To

1. Collect evidence: photos with dates, witness statements and written communication.
2. Write a formal defect notice with a clear deadline and request remediation.
3. Observe all deadlines and document dispatch and receipt (e.g. registered mail).
4. If necessary, consider initiating a payment order or filing a lawsuit at the competent local court.

Key takeaways

• Secure evidence immediately and store it systematically.
• Respect deadlines to avoid losing legal rights.
• If uncertain, contact tenant associations or legal advisors.

Help and support

• Gesetze im Internet: BGB §§ 535–580a
• Federal Court of Justice (BGH) – Tenancy law decisions
• Justice portal: information on payment orders and courts

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1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Justice portal: information on local courts and procedures