Documenting Window Replacement: Tenant Rights Germany
A window replacement can cause noise, dust and uncertainty for tenants. In Germany it is important to document work on windows systematically: this protects against unjustified costs, makes possible rent reductions easier and provides evidence for claims for damages. This text explains in plain language which photos and protocols you should create, how to check announcements and modernization notices and which deadlines apply. You will also find concrete action steps, sample wording for defect notifications and advice on when legal action or legal aid may be appropriate. The goal is that you as a tenant react confidently, assert your rights under the BGB and avoid unnecessary disputes.
What tenants should document
Proper documentation helps to clarify later disputes. Focus on condition before, during and after installation. Note date, time and take clear photos; keep all landlord messages and record disruptive circumstances such as missing seals or functional defects after replacement.
- Photos and videos of the old window, installation sites and later defects.
- Date and time stamps on photos or a short written log with witnesses.
- Keep all landlord communications about modernization or cost allocation in writing.
- Proof of any costs incurred due to damage or temporary housing.
Before the window replacement: announcement and deadlines
Landlords must notify tenants of modernizations and provide information on cost allocation in good time; check the notice for scope, period and the announced rent increases. Watch deadlines for objections or questions and request written clarifications if unclear. For legal foundations see the provisions in the BGB for tenancies.[1]
During the works: securing evidence
During installation you should document disruptive conditions and possible damage immediately. Create a continuous photo log, note noise times and duration of works. If craftsmen leave faulty workmanship, demand written confirmation of remediation or set deadlines for correction.
- Note start and end of workdays and special incidents.
- Take before/after photos with dates.
- Record whether private rooms were entered or locks changed.
After the replacement: inspect, report defects, costs
After installation check sealing, opening/closing function, thermal and sound insulation as well as visual damage. Report defects by registered mail or email with readable receipt and attach photos. For cost allocation of modernization, the BGB regulates prerequisites and calculation of rent increases; in doubtful cases consult advice or consider the local Amtsgericht.[2]
If the landlord wants to pass on costs
Modernization costs can be allocated under certain conditions according to §559 BGB; check the bill items and ask for a comprehensible breakdown. Reject unclear or flat-rate items in writing and demand receipts. If talks do not help, inform the competent Amtsgericht or seek legal advice.[3]
FAQ
- Can the landlord replace windows immediately?
- The landlord may announce works but must respect deadlines and notification obligations; unforeseen emergencies are an exception.
- When can I reduce the rent?
- For significant impairments (e.g., missing sealing, loss of heating effect) you can reduce rent; document extent and duration precisely.
- How do I apply for legal aid (PKH)?
- For court proceedings you can apply for legal aid; complete the application and attach your income documents.
How-To
- Create photos: before, during, after with dates.
- Collect written communications: notices, invoices, emails.
- Complain in writing: report defects with a deadline for remedy.
- If disputed: check documents and consider filing at the Amtsgericht.
Help and Support / Resources
- Gesetze im Internet: BGB – Bürgerliches Gesetzbuch
- Bundesgerichtshof (BGH) – Cases and information
- Gesetze im Internet: BGB §559 Modernization cost allocation
