Enforce Rent Reduction Claims for Tenants in Germany

As a tenant in Germany, you have the right to reduce rent or assert a rent reduction claim when significant defects occur. This practical guide explains how to document defects, inform the landlord in writing, and set deadlines so the claim becomes enforceable. We explain the relevant sections of the BGB, which types of evidence help, and when it makes sense to sue at the local court. The tips are aimed at tenants without legal training and help to avoid common mistakes that can weaken claims. This prepares you both for negotiated solutions and, if necessary, for court proceedings.

What is a rent reduction claim?

A rent reduction claim means that the rent can be reduced or withheld if the apartment has defects that significantly impair its suitability for contractual use (BGB §§ 535–536).^[1] Tenants can often reduce rent proportionally until the landlord remedies the defect. In disputes, the local court often decides; in higher instances the Federal Court of Justice may set precedent.^[3]

Immediate steps for tenants

• Document defects immediately with photos, dates and a short description.
• Inform the landlord in writing by email and registered mail and request remedy.
• Set a reasonable deadline for remedy (e.g. 14 days) and state specific dates.
• Keep payments separate and calculate the appropriate reduction rate with documentation for your records.

Forms and templates (official guidance)

There is no nationwide mandatory form for a rent reduction, but for court proceedings you should use the complaint forms provided by the justice portal of the responsible local court. Procedural rules of the Code of Civil Procedure apply.^[2]

Secure evidence effectively

Photo documentation, witness naming, measurement records (e.g. moisture or noise measurements) and written correspondence are decisive. Describe cause, onset and effects of the defect. If the landlord refuses repairs, note dates and reactions.

Example short defect notice

Briefly state when the defect began, how it manifests, which rooms are affected, and request a deadline for remedy. If possible, attach photos and announce that you will claim a rent reduction if there is no response.

FAQ

How much can the rent be reduced?

The amount depends on the extent of the impairment; courts decide case by case, often as a percentage of the gross rent.

Do I have to continue paying rent?

Yes, generally continue to pay; reduction amounts should be documented and kept available separately.

When should I sue?

If the landlord does not act despite valid defect notices and a reasonable deadline, filing a lawsuit at the local court is the next step.

How-To

1. Identify and document the defect with dates and photos.
2. Send a written defect notice to the landlord and set a clear deadline (e.g. 14 days).
3. Wait for the deadline and collect all responses and evidence.
4. Calculate the percentage rent reduction and keep amounts separated to substantiate your claim later.
5. If no agreement is reached, file a claim at the competent local court or seek legal advice.

Help and Support

• Contact Justice Portal (local courts) for forms and local jurisdiction information.
• Contact the Federal Ministry of Justice for legal background information.
• Contact Gesetze im Internet for full statutory texts (BGB, ZPO).

1. [1] Gesetze im Internet: BGB §536
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof (BGH) - Startseite