Document Comparable Flats: Guide for Tenants in Germany

As a tenant in Germany, it is often necessary to document comparable flats to prove a rent increase, an unjustified termination or a legal dispute. This practical guide explains step by step which documents are useful, how to record rental listings, ads and payment receipts, and which deadlines and forms you should know. The language is deliberately simple; technical terms are explained and practical templates are named. In the end you will know how to create persuasive comparisons, which official bodies are responsible and where to find official forms. This knowledge helps you protect your rights as a tenant in Germany and to act purposefully in case of conflict. Read on for concrete to-dos, sample wordings and notes on local courts.

Why comparable flats matter

Comparable flats show the landlord, the conciliation body or the local court how market rents look in your location and with your amenities. Well-documented comparable offers help to resist an excessive rent increase or refute an unjustified termination. Pay attention to address, size, equipment and the ad date so that an objective comparison is possible.

Which documents to collect

• Lease (rent) or advertisement with a clear price indication.
• Photos and screenshots (document) of ads with date and URL.
• Payment receipts (rent) such as transfer statements or receipts.
• Correspondence and formal letters (notice) with the landlord or property manager.
• Record deadlines and appointments (deadline) in a clear table.

How evidence works and which legal bases apply

Your file of evidence supports motions and shows comparability. Relevant legal bases can be found in the German Civil Code (Bürgerliches Gesetzbuch, BGB) concerning tenancy, especially §§ 535–580a.^[1] For lawsuits and civil procedure, the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Evidence before courts and authorities

If you bring cases before the local court, well-structured documentation is crucial. In higher instances, decisions of the Federal Court of Justice (BGH) shape the interpretation of tenancy law issues.^[3] For many formal letters and standard templates, there are official guidelines; for example, templates for termination letters or complaints can be found at relevant ministries and court websites.^[4]

FAQ

Which documents are sufficient as comparable flats?

Address, apartment size, amenities, rent price, move-in date or ad date and, if possible, a direct link to the advertisement.

How long should I keep evidence?

Keep relevant documents at least until the conclusion of a proceeding, usually 3 years; during ongoing litigation until the final decision.

Can I use screenshots of listings in court?

Yes, screenshots with date and URL are admissible as evidence; complement them with other proofs such as leases or payment receipts.

How-To

1. Collect: Create a list of ads, rental offers and photos; note date, source and address.
2. Document: Gather leases, transfer receipts and payment proofs and order them chronologically.
3. Formalize: Write a short letter (notice) to the landlord requesting missing information.
4. Submit: Present the evidence file to the local court or use it in negotiations if necessary.

Key Takeaways

• Early documentation makes comparisons and evidence collection easier.
• Multiple documents (ad + payment proof) are more convincing than a single proof.
• Knowing legal deadlines and forms protects your rights.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet – Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)
4. [4] Bundesministerium der Justiz und für Verbraucherschutz (BMJ)