Document Serviced Apartments for Tenants in Germany
As a tenant in Germany, long-term living in a serviced apartment can raise specific questions about tenancy law, payments and maintenance. To avoid conflicts with the landlord, systematic documentation is important: read the lease, prove payments, photograph defects and keep written reports. Official forms and deadlines must be observed so that rights are preserved. This text explains in practical terms which pieces of evidence make sense, how and when to use official forms and which courts are competent in case of dispute. The language is clear, practical and easy to understand so you as a tenant can act confidently and protect your rights in Germany.
What should tenants document and why?
Good documentation creates clarity on rent payments, maintenance or termination. The main goals are: prove condition, meet deadlines and document formal requests. Rights from the BGB (Sections 5353 580a)[1] also apply to many aspects in serviced apartments, for example regarding claims for rent and maintenance.
- Lease and documents (document): keep copies of all pages, attachments, emails and addenda.
- Payments (payment): retain bank statements, receipts and payment proofs for rent and deposit.
- Defects and repairs (repair): document photos, date, time and the landlord's response.
- Correspondence (form): archive all letters, reminders and notices by email or post.
- Contact list (contact): note names, phone numbers and appointment dates of contacts.
Which official forms exist and how are they used?
Important forms and templates include sample termination letters, defect reports and operating cost receipts. A termination letter (BMJ sample) helps you meet deadlines correctly; for example: if you want to properly terminate a time-limited service agreement, use the sample, add date, contract number and your signature and send it by registered mail.
For serious defects, first send a written defect notice with a deadline so the landlord can respond. If there is no improvement, rent reduction, damages or later legal action may be considered; procedural rules such as the ZPO are relevant for eviction suits[2].
Procedure in case of a dispute with the landlord
Stay factual: collect evidence, document deadlines and find out about free advisory services. Before filing a lawsuit, consider a formal letter with a deadline and possible mediation. In tenancy matters, local courts (Amtsgerichte) are usually competent first, and higher courts like Landgerichte or the Federal Court of Justice decide fundamental legal questions.
FAQ
- Does the BGB also apply to serviced apartments?
- Yes. Many provisions on lease agreements, maintenance and rent also apply to serviced apartments; see BGB Sections 5353 580a[1].
- What should I do about persistent defects?
- First report defects in writing, set a deadline and collect evidence; if there is no response, rent reduction or legal advice may be appropriate.
- Where do I file an eviction suit?
- Eviction suits and many tenancy claims are filed at the competent local court; procedural matters are governed by the ZPO[2].
How-To
- Collect evidence: scan lease, payment records and photos as evidence and store them in an organized way.
- Send letters: send defect notices and termination letters using a sample letter and document shipping and receipt.
- Consider court action: if deadlines pass, prepare a claim and file documents with the competent court.
Key Takeaways
- Written evidence is often decisive in tenancy disputes.
- Official template forms simplify meeting deadlines and formal letters.
- Early communication can prevent lengthy procedures.
Help and Support / Resources
- Gesetze im Internet: BGB (Civil Code)
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Federal Court of Justice (BGH) - Decisions
