Enforcing Elevator Retrofit – Tenants in Germany
As a tenant in Germany you may sometimes face structural changes such as retrofitting an elevator. This guide explains in clear, practical English which proofs to collect, what obligations the landlord has under §§ 535–536 BGB[1] and how to reliably meet deadlines and formal steps. You receive a step-by-step guide for documenting defects, advice on necessary forms and tips on when a lawsuit at the local court is sensible. The aim is that you can enforce your rights without legal expertise: from talking with the landlord to possible clarification before a court in Germany. I explain which photos and correspondence count as evidence, how to set appointments and which official forms or template letters are relevant. I also name helpful local courts and authorities that oversee procedures.
What tenants need to know
The landlord is generally obliged to maintain the rented property in a contractually agreed condition. For major structural measures such as installing an elevator, questions arise about cost allocation, permits and reasonableness. Your task as a tenant is primarily to document damage and disadvantages and to provide formal evidence. The rules of the Code of Civil Procedure (ZPO) apply to court proceedings.[2]
Important evidence and documentation
- Photos of affected areas and defects, with date and brief description.
- Written correspondence with the landlord: emails, letters and responses.
- Reports from craftsmen or expert opinions on load-bearing capacity, sound insulation or fire protection.
- Witness statements from neighbors or the property manager about accessibility and usage restrictions.
Forms and templates (when they help)
Typical letters and forms tenants use include:
- Written notice of defects / request for remedy: Use it to set deadlines for the landlord and to collect evidence.
- Power of attorney for a lawyer: If you want legal representation, this authorizes representation in proceedings.
- Lawsuit form / complaint at the local court: Needed if out-of-court steps fail; the complaint must state the claim, reasoning and evidence.
If you set deadlines, note the date of delivery (e.g. registered mail) and document whether the landlord responded. If there is no response, you can consider further steps such as a lawsuit at the competent local court.[3]
If the landlord refuses
If the landlord refuses installation or does not respond, check the following: Is it a permissible modernization measure? Have tenant interests and possible hardship cases been considered? Can costs be passed on to tenants (modernization surcharge) or must the landlord bear them alone? If in doubt, seek legal advice and possibly clarification before the local court.
FAQ
- Can I force the landlord to install an elevator as a tenant?
- You cannot directly force a structural measure, but you can point out the landlord's maintenance obligations, provide evidence and consider a lawsuit at the local court if there is no response.
- What evidence is effective in court?
- Photos with dates, written defect notices, expert reports from professionals and witness statements generally count as reliable evidence.
- Which deadlines must I observe?
- Set a clear deadline (e.g. 14–30 days) for rectification in your defect notice; statutory deadlines may vary depending on the case and region.
How-To
- Collect documentation: Photograph, date and describe all relevant defects and restrictions.
- Send a written defect notice: Request remedy from the landlord with a concrete deadline and send by registered mail if possible.
- Monitor deadlines: Record receipt and response times and react within the set deadline.
- Consider legal action: Prepare documents for a lawsuit at the local court or obtain legal assistance if no remedy is provided.
