Preparing First Legal Advice for Tenants in Germany
As a tenant in Germany, you may face questions about rent increases, repairs, or eviction. A well-prepared initial consultation saves time and increases the chances of a fast, practical solution. This guide explains clearly which documents to bring, which deadlines matter, and which official forms or applications are typically relevant. At the end you will find a practical step-by-step guide, frequently asked questions (FAQ), and official authorities you can contact. Use these tips to present your case clearly and to make the consultation focused and effective.
Vorbereitung zur Erstberatung
Start with a short summary of your issue and a list of the key facts: how long the tenancy has existed, which defects exist, which payments are missing or were increased. Record dates and deadlines in writing so you can give precise information during the consultation.
- Tenancy agreement (including amendments and house rules) for checking obligations.
- Handover protocol and inventory lists to clarify the condition at move-in.
- Correspondence with the landlord (emails, letters, SMS) as evidence.
- Invoices and photos of defects (e.g. mold, heating failure) with dates.
- Bank statements or receipts to prove rent and service charge payments.
Practical steps before the appointment
Organize your documents by topic and create a priority list of the most important points to discuss. Note specific questions, desired resolutions and deadlines by which you expect an answer.
- Check deadlines: note termination deadlines, cure periods or deadlines for defect remediation.
- Prepare forms: have sample termination letters or complaint forms ready if needed (see official sources).
- Have contact details ready: local court, tenant association, advisory center or lawyer.
Important legal bases and forms
Rights and duties in the tenancy are regulated by the German Civil Code (BGB) in §§ 535–580a.[1] Procedural questions for lawsuits or eviction are governed by the Code of Civil Procedure (ZPO).[2] Many procedural steps have official forms or guidance; examples include sample termination letters or the form for the payment order, which can be found via the Federal Ministry of Justice.[3]
Practical example: If you plan a rent reduction due to persistent heating problems, note the start and end of the outage, photo evidence and your prior notifications to the landlord. Bring these documents to the initial consultation so your advisor can assess the prospects and the amount of a possible rent reduction.
FAQ
- Which documents are most important for the initial consultation?
- Bring the tenancy agreement, handover protocol, correspondence with the landlord, photos of defects and proof of payments.
- When should I act immediately?
- In case of an immediate termination, impending eviction dates or running deadlines, seek advice immediately.
- Who decides on rent reduction or eviction?
- Decisions on rent reduction or eviction are often made by the local court; BGH decisions are relevant for legal questions.
How-To
- Collect evidence: tenancy agreement, photos, correspondence and proof of payments.
- Note deadlines: document termination and response periods precisely.
- Check forms: prepare sample termination or payment order if necessary.
- Schedule appointment: contact tenant association or legal advisor and send documents in advance.
- Follow-up: record the consultation outcome in writing and plan next steps.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Forms and Service – Federal Ministry of Justice (BMJ)
- Federal Court of Justice (BGH) – judgments and guidance