Tenant First Consultation: Prepare in Germany

As a tenant in Germany, a well-prepared first consultation is often decisive to clarify questions about tenant rights, rent reduction, termination or repairs. This guide leads you step by step through the most important points: which documents to collect, which deadlines to observe, how to report defects in writing and which sample forms and authorities are relevant. We explain practical matters such as the role of the local court in tenancy disputes, useful types of evidence and how to present your case in a structured way so that the consultation remains focused. At the end you will find a clear checklist, a short procedural guide and official sources for statutes and courts in Germany.

Preparation for the First Consultation

Before attending an appointment, collect all documents to make the consultation efficient. Useful are the tenancy agreement, handover protocol, rent payments, correspondence with the landlord and documentation of defects. For legal references see the relevant provisions of the BGB §§535–580a.^[1]

Checklist: Important Documents

• Tenancy agreement (documents): original contract, amendments and addenda.
• Handover protocol (documents): meter readings, defects at move-in and photos of the handover.
• Payment records (payment): rent payments, deposit receipts, bank statements.
• Correspondence (documents): emails, letters, reminders, defect notifications.
• Damage documentation (repair): photos, videos, dates and times of observations.

What to Tell the Adviser

Briefly describe the problem, show the key evidence and state deadlines or steps already taken. Write down specific questions in advance, e.g. about rent reduction, protection against termination or necessary repairs. If deadlines are relevant, mention them explicitly so the consultation can be prioritized.

Relevant Laws and Courts

Tenancy law is regulated in the Bürgerliches Gesetzbuch (BGB); in particular the duties of the landlord and rights of the tenant are found in §§535–580a.^[1] For procedural matters, the Code of Civil Procedure (ZPO) applies; tenancy disputes are usually heard in the competent local court (Amtsgericht).^[2]

FAQ

What should I bring to the first consultation?

Bring the tenancy agreement, handover protocol, payment records, photos of defects and relevant correspondence. A short chronological list of events helps.

Can I reduce the rent because of mold?

If there are significant impairments, a rent reduction may be possible; the extent depends on the severity of the defect and is best supported by evidence and photos.

What deadlines apply to a termination?

Ordinary notice periods are regulated in §573c BGB; for extraordinary terminations very short deadlines may apply, so act quickly.

How-To

1. Collect all relevant documents (documents): tenancy agreement, protocols, photos and payment records.
2. Create a timeline (deadline) of events: when defects occurred and what correspondence took place.
3. Document defects (documents): take photos and note dates and times.
4. Draft a defect notice (form): state a clear deadline for remedy.
5. Book the consultation (contact): arrange the first consultation and send documents in advance if possible.

Key Takeaways

• Observe deadlines carefully and record dates immediately.
• Good documentation (photos, receipts) strengthens your case.
• Use sample forms for defect notices and terminations where available.

Help and Support / Resources

• Gesetze im Internet: BGB (Civil Code)
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH) – tenancy law decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Competence of the Courts – Justice Portal of the Federal Government and the Länder
3. [3] Federal Ministry of Justice and Consumer Protection – Forms and Service