Economic Use: Tenant Rights in Germany

What does economic use mean?

Economic use refers to situations in which landlords seek to end a tenancy or demand measures because they deem another use or exploitation of the property to be economically reasonable. For tenants in Germany it is important to know which pieces of evidence count, how formalities must be observed and which courts have jurisdiction. Legal bases can be found in the BGB^[1] and for court procedures in the ZPO^[2]. Most often the local court (Amtsgericht) resolves disputes in tenancy law, with possible appeals to the regional court (Landgericht) and at most to the Federal Court of Justice for fundamental questions.^[3]

Typical pieces of evidence

Which proofs are relevant for tenants when it comes to economic use?

• Photos of condition and defects (date visible)
• Correspondence and emails with the landlord or manager
• Invoices, statements and receipts for operating costs and repairs
• Expert reports or condition assessments from tradespeople

How to secure evidence correctly

Act systematically: collect documents, date photos, note witnesses and keep originals. Keep both a digital and a physical copy. If possible, confirm receipt and content of important letters by registered mail or handover protocol.

Respond in writing to allegations from the landlord and request written proof before making far-reaching statements.

Forms, deadlines and practical examples

There are no special tenancy law forms required for court proceedings, but filings and submissions are governed by the ZPO^[2]. A typical practical case: the landlord gives notice citing economic use. As a tenant you should file a written objection within the stated deadline, organize your evidence and, if necessary, submit an objection to the local court with supporting documents or a legal statement.

What helps in court disputes?

The local court decides eviction claims in first instance; check whether the landlord can actually prove the requirements for economic use. Use evidence, witnesses and expert opinions to support your account. Occasionally expert assessments can be commissioned when technical issues (e.g., building condition, energy use) are disputed.

FAQ

Can a landlord terminate solely due to economic use?

No, the landlord must prove the requirements under the BGB and explain why continuation of the tenancy is unreasonable; blanket assertions are insufficient.

Which pieces of evidence help tenants the most?

Photos with dates, written communication, invoices and witness statements are particularly persuasive.

Where do I file my statement if a lawsuit is filed?

Statements and objections are usually filed with the competent local court; pay attention to local jurisdiction and deadlines.

How-To

1. Photograph and date damages and relevant condition immediately.
2. Note all deadlines and set reminders for responses.
3. Collect correspondence, receipts and invoices in one place.
4. Find out at the local court about procedures and documents for a statement.
5. Seek legal advice if needed and prepare a written submission.

Key Takeaways

• Evidence often matters more than general claims.
• Meeting deadlines protects your rights.
• Local courts are the first point of contact for tenancy disputes.

Help and Support

• BMJ - Federal Ministry of Justice and Consumer Protection
• Laws on the Internet (BGB, ZPO)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) §535 ff. — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice — Decisions and press releases