Comparables: Tenants' Rights in Germany
What are comparables and when do they count?
Comparables are apartments used for reference in rent questions or when reviewing a rent increase. In practice, courts and authorities check whether apartments are sufficiently comparable in location, size, equipment and year of construction. As an existing tenant in Germany you should understand which criteria are common and which documents strengthen your position. Some disputes end at the local court, others reach higher instances; the relevant legal bases are found in the BGB.[1]
Which documents help tenants?
Collect evidence that documents location, size and equipment systematically. Useful are floor plans, photos, energy certificate details, older rental contracts and current listings for comparable apartments. Clearly explain why a proposed comparable is not suitable (e.g., different heating system or missing balcony).
- Floor plan and official living area statements.
- Photos of condition, sanitary facilities and heating.
- Printouts of current market offers for price checking.
- Previous rental agreements as proof of prior rent.
How to submit evidence correctly and observe deadlines
If you object to a rent increase or the set of comparables, respond in writing and within the deadline. Describe the defects in the selection of comparables, attach clear evidence and request a comprehensible calculation. In court proceedings the rules of the Code of Civil Procedure apply; if in doubt, seek legal advice.
Practical steps for tenants
- Review the presented comparables and note differences.
- Create an evidence folder with photos, floor plan and market offers.
- Send a brief letter to the landlord with copies of the evidence.
- If necessary, prepare a claim or objection and observe the ZPO deadlines.[3]
Frequently Asked Questions
- When can the landlord use comparables?
- Landlords may use comparables if they are reasonably comparable in location, size and equipment; tenants can object to major differences.
- Which documents are most significant?
- The most persuasive are official living area statements, photos of the condition, previous rental agreements and current market offers.
- Where do I turn in case of dispute?
- The local court (Amtsgericht) is responsible for disputes; higher instances up to the Federal Court of Justice exist if necessary.[2]
How-To
- Inspect the comparables and note differences.
- Create an evidence folder with photos, floor plan and market offers.
- Write a short letter to the landlord and send copies of the evidence.
- Prepare legal action or an objection and observe the procedural deadlines.
Help and Support / Resources
- Laws: BGB - Civil Code (Gesetze im Internet)
- Federal Ministry of Justice (forms & guidance)
- Federal Court of Justice (BGH) - Decisions
