Elevator Installation: Tenant Rights in Germany
As a tenant in Germany, a planned elevator installation in an older building can raise many questions: Do I have to tolerate it, who bears which costs, and how do I document everything correctly without a lawyer? This text is aimed at tenants and explains step by step how you can use your rights in practice, observe required deadlines and forms, and systematically record costs and damages. I name relevant statutory provisions in the BGB and provide guidance on civil procedure, explain typical communication steps with the landlord and show which pieces of evidence are helpful before the local court. The language remains simple so that you can implement concrete steps immediately. Many steps can be done free of charge or prepared with official justice forms.
What applies legally?
The basic framework for tenancy law is set out in the German Civil Code (BGB) with §§ 535–580a, and procedural rules of the Code of Civil Procedure (ZPO) apply to court actions.[1][2] Whether you must tolerate an installation depends on the type of modernization, the interference with your residential use and contractual agreements. In disputed cases, the local court often decides; in higher instances, the regional court and the Federal Court of Justice (BGH) are involved.[3]
How to document costs and effects?
Good documentation is crucial if it later concerns cost allocation or rent reduction. Systematically collect all documents and record dates, communication and visible damage.
- Lease (form): Keep a copy of the current lease and any amendments.
- Communication with the landlord (notice): Save letters, emails and announcements in chronological order.
- Photos and videos (photo): Secure condition photos before, during and after construction with timestamps.
- Quotes and invoices (invoice): Collect originals or copies for each cost item.
- Defect log and appointment record (calendar): Note appointments, adherence and deadlines.
- Witnesses and contacts (contact): Record neighbors or tradespeople with brief notes and contact details.
How to act without a lawyer?
Many steps can be started without a lawyer: request written information about cost allocation, demand detailed invoices and ask for an inspection appointment. Remain factual and set deadlines for correction or clarification.
FAQ
- Do I as a tenant have to tolerate an elevator installation?
- Not automatically. Modernizations are generally permissible if they serve to improve the rented property and were announced properly. Whether you must agree depends on the scope, contractual clauses and possible impairments of your use.
- Who pays for the installation?
- The landlord usually bears the costs, but modernization costs can, under certain conditions, be passed on to the rent. Check the announcement carefully and request cost breakdowns.
- How do I prove extra costs or damages?
- Document photos, dates, invoices, quotes and witness statements. Keep a log of disturbances and cost items to substantiate claims.
How-To
- Collect contract documents: Gather all contract documents and announcements and keep copies in one place.
- Create photo documentation: Create a dated photo and video log before, during and after the works.
- Request detailed cost breakdown: Request a written detailed cost breakdown from the landlord and set a reasonable deadline for a response.
- Collect invoices and quotes: Collect invoices and cost estimates and mark items you consider unusual.
- Document appointments and deadlines: Note all appointments and deadlines and save proof of receipt.
- Name witnesses: Talk to neighbors and tradespeople and note names as possible witnesses.
- Prepare court steps: If necessary, file a claim or eviction protection applications at the competent local court and present your documentation.
Help and Support / Resources
- German Civil Code (BGB) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet
- Federal Court of Justice – Decisions and guidance
