Enforce Rent Reduction Claims – Tenants in Germany

Many tenants in Germany face the question of how to enforce a rent reduction claim when the apartment has defects or services are missing. This guide explains in plain language which rights tenants have, which evidence is important, and how to observe deadlines. You will receive a practical checklist with concrete actions — from documenting defects to sending a formal defect notice and filing applications with the local court if necessary. The aim is to make you more confident when negotiating with the landlord and when possibly going to court. Use the tips together with the official legal provisions and form information to act correctly under the law.

What is a rent reduction claim?

A rent reduction claim means that the rent can be reduced if the agreed rental service is not fully provided, for example in the event of heating failure, mold or significant water damage. The legal basis can be found in the German Civil Code (BGB)^[1]. As a tenant you have the right to notify the landlord of defects, reduce the rent proportionally and set deadlines before considering legal steps.

Checklist: Enforce a rent reduction claim

1. Check deadlines: Act quickly and set reasonable deadlines, e.g. to remedy the defect within 14 days.
2. Document the defect: Collect photos, videos, date, time and a short description.
3. Send a written defect notice to the landlord: Name defect, deadline and, if applicable, announce the rent reduction.
4. Calculate rent reduction: Determine an appropriate percentage based on the impairment of use and announce the amount in writing.
5. If there is no response: Consider legal action at the local court or support from conciliation bodies.
6. Secure evidence: Keep all letters, photos and receipts organized.

Forms and authorities

• Lawsuit form / filing at the competent local court: Generally you file documents at the local Amtsgericht; check opening hours and submission rules in advance.
• Application for summary debt proceedings (Mahnverfahren) under the ZPO for monetary claims: The Mahnverfahren is a simplified route to enforce outstanding amounts^[2].
• No nationwide official templates for rent reduction notices; use a clear written defect notice with date, deadline and detailed description.

What to do if the landlord does not respond?

If the landlord does not respond, continue documenting and prepare possible legal action. The local court (Amtsgericht) is usually competent for tenancy disputes in the first instance; higher instances are the regional court and the Federal Court of Justice for legal questions and precedents^[3]. In court, your documents, the defect notice and the calculation of the rent reduction will be decisive.

FAQ

Can I reduce the rent immediately?

You can reduce the rent if a significant defect exists, but you should inform the landlord in writing beforehand and set a deadline for remedy.

How do I calculate the amount of the rent reduction?

The amount is based on the extent of the impairment of use; there are no fixed percentages, and court decisions often serve as a guide.

Where do I file a lawsuit?

A lawsuit, for example to enforce a claim, is filed at the competent local court (Amtsgericht).

How-To

1. Create a written defect notice with date, description and deadline.
2. Secure photos, videos and witness statements as evidence.
3. Wait the set deadline and document any further communication.
4. If the landlord does not react: file documents at the local court or apply for a summary debt procedure.

Help and Support / Resources

• Tenant law: BGB §535 ff. — gesetze-im-internet.de
• German Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice — bundesgerichtshof.de

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de