Evidence for Construction 2025: Tenants in Germany

Construction work in or on the residential building can cause a lot of stress for tenants in Germany. You often need to prove that noise, dust, lack of heating or restricted use actually occurred to claim rent reduction, damages or a prompt dispute resolution. This guide explains step by step which evidence is helpful, how to collect documents and photos correctly, which deadlines apply and when court or debt collection proceedings may be appropriate. It names relevant legal provisions, shows typical forms and gives practical wording suggestions for letters to the landlord. The goal is that you as a tenant can enforce your rights in Germany more securely — without legal expertise.

What tenants should prove during construction work

With construction work, it is often about impairments to the usability of the apartment, disturbed quiet hours or even failure of heating or water. It is crucial which impairments actually occurred, how long they lasted and whether the landlord was informed beforehand or promised measures. The landlord's statutory duties are found in the rental law of the BGB.^[1]

• Photos and videos with date and time that document damages, dust or unusable areas.
• Measurements (e.g. noise level, temperature logs) or written logs about outages.
• Correspondence with the landlord: emails, letters, minutes of conversations.
• Witness statements from neighbors or the janitor, ideally in writing.
• Receipts for additional costs (e.g. temporary accommodation, cleaning, purchase of air filters).

How to record photos and measurements correctly

Always photograph from different perspectives, note date and time and keep the original files. Use simple devices for temperature or noise and keep a short log: date, time, duration, condition. If possible, send the documentation immediately to the landlord by email and keep a copy.

Rights, deadlines and legal basis

As a tenant you are entitled to contractual use of the rented property; in the event of significant impairments, a rent reduction may be considered. Relevant provisions are in the BGB (e.g. landlord obligations).^[1] In case of disputes, the local court (Amtsgericht) usually decides in the first instance; BGH decisions can be influential for precedents.^[2] For court proceedings and debt collection proceedings the rules of the ZPO apply.

Typical deadlines are short: after becoming aware of the defect you should promptly set a written deadline for remedy and state your claims. If there is no response, further steps such as rent reduction, damages or filing a lawsuit are possible. In payment disputes, the debt collection procedure can be a quick option.^[3]

Examples of forms and templates

Official courts provide form sheets for lawsuits and debt collection proceedings; for tenant practice important are template forms for reporting the defect and a written rent reduction letter (own wording with date, defect description, deadline and percentage of reduction). A practical example:

• Letter to the landlord: date, precise description of the construction work, photo references, deadline of e.g. 14 days for remedy.
• Rent reduction letter: short justification, start date of the reduction and percentage, reference to documentation and deadline.
• Protocol template: table with date, time, duration, type of disturbance, involved persons.

FAQ

Can I immediately reduce the rent if construction noise occurs?

Yes, under certain circumstances a rent reduction is possible. You should document the impairment, inform the landlord and set a reasonable deadline for remedy. Use photos, noise logs and correspondence as evidence.

Do I have to notarize evidence?

Generally, clean documentation with timestamps, photos and witness statements is sufficient. Notarization is usually not necessary but can help in individual cases.

Who decides the amount of the rent reduction?

The amount is often determined by comparable cases, case law and, in the event of a dispute, by the court; there is no fixed percentage table for all cases.

How-To

1. Collect evidence: photos, videos, measurements and witness records.
2. Inform the landlord in writing and set a deadline to remedy the defect.
3. Document the response or lack thereof; consider mediation if appropriate.
4. File a lawsuit at the local court if necessary or use the debt collection procedure.

Help and Support

• BGB §535 – Landlord obligations
• Federal Court of Justice – Decisions
• Federal Office of Justice – Debt collection procedure

1. [1] BGB §535 – Landlord obligations
2. [2] Federal Court of Justice – Decisions
3. [3] Federal Office of Justice – Debt collection procedure