Digital Signing: Tenant Rights in Germany

Digital signatures are becoming increasingly common for rental agreements in Germany. Tenants need to know when an electronic signature is legally sufficient and when written form remains necessary. This article explains in plain language the differences between simple, advanced, and qualified signatures, the importance of evidence in disputes, and which official forms or sample letters may be relevant. You will receive practical advice on how to securely store signed documents, which deadlines to observe, and how to act if a landlord questions electronically signed documents. I list relevant sections of the BGB, authorities, and suggest which types of evidence might be accepted by courts.

What applies to digital signing?

There are three common types of electronic signatures: the simple electronic signature (e.g., a scanned image), the advanced electronic signature, and the qualified electronic signature, which offers the highest evidentiary value. For some legal transactions or to meet written-form requirements, a qualified signature is still necessary; in tenancy law, evidence and the question of written form are particularly relevant.^[1]

Practice: Securing evidence before a dispute

• Check dates and deadlines carefully and save timestamps from emails and signatures.
• Store payment receipts for rent and deposit separately and keep them in chronological order.
• Keep signed documents, screenshots and metadata as evidence.
• Request a written confirmation or a PDF with a visible signature if in doubt.

When is written form required?

Certain agreements in tenancy law explicitly require written form or are legally safer when concluded in writing. An example is agreements on rent for longer periods or contractual amendments; here the rules of the BGB may apply. For eviction actions and other court proceedings, the provisions of the ZPO must also be observed, because deadlines and filing forms are important.^[1][2]

Forms and templates

• Termination letter (template): There is no nationwide standard form, but a clear written termination letter with date, signature and address details is common practice. Example: "Termination of tenancy as of DD.MM.YYYY" including name and apartment address.
• Defect notification (written complaint): Note defect type, date of report and request a deadline for repair. Example: "Mold in bathroom since DD.MM; repair requested by DD.MM."
• Eviction lawsuit / filing: Court action is usually taken at the competent local court (Amtsgericht). For a lawsuit, evidence, correspondence and possibly qualified signatures are important.^[2]

Frequently Asked Questions

Is a simple e-mail signature sufficient for rental agreements?

Often a simple e-mail signature is not sufficient when written form is required. If in doubt, aim for a qualified electronic signature or a handwritten signature.

Can the landlord terminate electronically?

Termination by the landlord is subject to formal requirements and will be assessed against higher standards where necessary; written form and delivery of the termination are crucial. Check the specific circumstances and deadlines.

Which signature should I choose if unsure?

If you want to maximize legal effect and evidentiary value, the qualified electronic signature (QES) is the most reliable option.

How-To

1. Read the contract in full and watch for clauses regarding written form or electronic communication.
2. Check deadlines, dates and validity information before signing.
3. Backup signed PDFs, emails with timestamps and supporting documents as copies.
4. If a dispute arises, contact the local Amtsgericht or an official legal office and present your evidence.

Help and Support / Resources

• Civil Code (BGB) – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de