Excess Rent Notice 2025 – Tenants in Germany
As a tenant in Germany, you can file a notice disputing excess rent when the demanded payment appears unlawful. This guide explains step by step how to collect evidence, set deadlines and draft a formal notice. It covers relevant provisions of the Civil Code (BGB), shows when a rent reduction or lawsuit is appropriate, and explains how to involve the local court. The aim is to make tenant rights understandable and to provide practical actions so you can effectively challenge an excessive claim and improve your chances in court.
What does a notice of excess rent mean?
A notice of excess rent is a formal communication to the landlord that you consider the demanded rent to be too high. Its purpose is to dispute the claim and request the landlord to respond or correct it. Legal bases can be found in the BGB, especially regarding payment obligations and tenant rights.[1]
Practical steps to dispute
- Set a clear deadline for the landlord to respond (e.g. 14 days).
- Collect evidence: lease, past payments, comparable flats and photos.
- Write the notice in writing and state the contested amount and legal basis.
- If necessary, prepare a lawsuit or contact the local court for rental matters.
How to write a formal notice?
An effective notice should be clear, factual and complete: name and address, reference to the lease, exact statement of the disputed rental item, justification and deadline. Use clear wording such as "I hereby dispute the excessive rent claim dated [date] in the amount of [amount]" and attach copies of evidence. It is advisable to make delivery verifiable (registered mail with return receipt or personal delivery with confirmation).
What if the landlord objects?
If the landlord objects, review the evidence: are comparable rents or contractual agreements reliable? Often an exchange of letters follows; mediation or advice is often useful. If that is not sufficient, you can have the claim decided by the courts. Local courts are usually competent; appeals go to the regional court and, in revision, to the Federal Court of Justice.[2]
When is a rent reduction possible?
A rent reduction is usually possible in case of defects (e.g. no heating, mold). The notice of excess rent concerns the amount claimed. Both procedures can be relevant in parallel: reduce rent for defects, dispute an excessive base rent and document everything in writing. Inform yourself about typical reduction rates and report defects immediately.
Examples of wording and forms
- Sample notice: "I hereby dispute the excessive rent claim dated [date] in the amount of [amount] and set a deadline until [date] for a response."
- Attach evidence: copy of lease, bank statements, comparable rents.
- If necessary: file a lawsuit at the competent local court (rental proceedings).
FAQ
- What is the first step if I suspect rent is too high?
- Check your lease, gather payment records and send a written notice to the landlord with a clear deadline.
- Can I withhold the rent immediately?
- Only in clearly defined circumstances; generally it is advisable to send a notice first and possibly withhold part of the rent after legal advice.
- Which court is competent for rental disputes?
- The local court (Amtsgericht) is usually competent for first instance; higher instances are the regional court and the Federal Court of Justice.
How-To
- Collect all relevant documents (lease, payment evidence, utility bills).
- Write a formal notice stating the contested sum and set a deadline (e.g. 14 days).
- Prove dispatch (registered mail or receipt confirmation).
- If the landlord does not respond or objects, prepare to file a complaint at the local court or seek legal advice.
Help and Support / Resources
- Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
- Bundesministerium der Justiz and Consumer Protection (BMJ)
- Federal Court of Justice (BGH) — Decisions
