Construction in Rental Buildings: Tenant Rights in Germany

Many tenants in Germany experience disruption or damage from construction work in their building. Photos make it easier to document defects and inconveniences, meet deadlines and, if necessary, assert rent reduction or claims for damages. This guide explains step by step how students and other tenants take photos with date and context, how to report defects to the property manager and which forms and court options are possible. We cite the relevant sections in the BGB^[1], show practical examples and give concrete tips on storing evidence. The goal is that you understand and can apply your rights confidently without legal jargon. In urgent cases we name authorities, deadlines and what to expect in a payment order proceeding.

What to do about construction work in the building

If construction affects your apartment or common areas, here are the most important steps for quick and clear documentation:

• Take photos (photo) with date, time and context and save them in high resolution.
• Observe deadlines (deadline): Report defects in writing immediately and set a reasonable deadline for remedy.
• Send a written defect notice (form) to the landlord or property manager and keep proof of dispatch.
• For acute impairments (e.g. heating, water) clearly specify repair needs without delay.
• Name witnesses and keep contact details so statements are possible later.

How to make photos admissible

Good photos clearly show: the affected item, date/time (either embedded or by photographing a device with a visible timestamp), and if possible a before/after comparison. Save images unaltered in a folder structure and note location and circumstances in a short log.

Forms and authorities

There are standardized procedures for various steps: a payment order or lawsuit follows the ZPO^[2], while tenancy obligations are regulated in the BGB^[1]. For questions about the competent court and procedural matters the local court (Amtsgericht) is responsible^[3]. Typical forms/documents tenants should use:

• Defect notice (form): State date, exact description, deadline for remedy; example: "Heating out for 3 days, please repair by the 10th of the month."
• Payment order application (form): If the landlord does not cover costs or damages, a payment order procedure can be initiated (see ZPO for details).
• Filing a lawsuit at the local court (court): If out-of-court steps fail, filing a suit at the competent Amtsgericht is the next escalation step.

FAQ

Can I reduce my rent because of construction work?

Yes, for substantial restrictions there is a right to rent reduction under the BGB; the amount depends on the extent of the defect and must be documented.

How quickly must I report defects?

Reports should be made in writing as soon as possible; set a clear remedial deadline and document the dispatch.

Where do I submit my photos as evidence?

Attach photos to written correspondence with the property manager and keep copies for a possible local court procedure.

How-To

1. Capture photos (photo): Take at least three images per defect from different angles and save date and time.
2. Write a defect notice (form): Describe the defect, demand remedy by a concrete date and send the notice by registered mail.
3. Contact witnesses (call): Ask neighbors for short written confirmations if they observed the impairment as well.
4. Prepare documents for the local court (court): Collect photos, correspondence, witness statements and any repair cost estimates.
5. Watch deadlines (deadline): Respond to landlord replies within set deadlines to avoid losing rights.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – legal text
• Zivilprozessordnung (ZPO) – legal text
• Justice information: courts in Germany

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Justice: information on courts in Germany