Excessive Rent Notice: Tenant Checklist Germany

As a tenant in Germany, you can file a notice if you believe your rent is excessive. This guide shows step by step which documents to collect, how to observe deadlines and how to draft the letter correctly so that it is legally effective. You do not have to hire a lawyer immediately: many cases can be resolved with clear reasoning, comparable examples and proper delivery. I explain typical sources of evidence such as rental contracts, comparable apartments and energy bills, as well as how to handle the rent brake and forms. At the end you will find a practical checklist, tips on preserving evidence and information on which courts and authorities in Germany are responsible.^[1]

What is a notice for excessive rent?

A notice is a formal communication to the landlord stating that you consider the rent to be excessive and why. The aim is to give the landlord the opportunity to respond or correct the situation before legal action becomes necessary. The notice should be clearly reasoned, cite comparable rents or a rent index and specify concrete amounts.

Step-by-step checklist

1. Check deadlines: Note the contract date, last rent increase and deadlines for objection.
2. Collect evidence: rental agreements, recent statements, adverts and photos of condition and features.
3. Rent index & comparable apartments: find two to three comparable apartments as evidence.
4. Draft written notice: state the amount, comparison evidence and request correction within a deadline.
5. Document delivery: send the notice by registered mail with return receipt or hand it over against signature.
6. If no agreement: consider a lawsuit at the competent local court; higher instances include regional courts and the Federal Court of Justice.^[2][3]
7. Keep documentation: archive all responses, deadlines and payment records securely.

How do I word the notice?

A clear letter is usually sufficient. Provide name, address, rental period, current and the rent you consider appropriate, and the sources of comparison. Set a deadline (for example 14 days) for a response or reimbursement of overpaid amounts. Refer to attached evidence.

Practical example (brief)

You pay 950 EUR cold. Two comparable apartments with the same location and features are between 780–800 EUR. You send a notice with copies of the adverts, demand correction and reimbursement for the last 6 months. Document delivery and respond to any landlord reply.

Frequently Asked Questions

What is the difference between a notice and a lawsuit?

The notice is an out-of-court request for correction; a lawsuit is the judicial route if no agreement is reached.

Do I have to hire a lawyer immediately?

No. Many cases can be resolved without a lawyer, especially if documentation and comparables are clear. For complex legal questions, professional advice is advisable.

Which authority or court should I contact?

For tenancy disputes, the competent local court (Amtsgericht) is the first instance. Higher instances include regional courts and the Federal Court of Justice.

How-To

1. Set a deadline: State a clear deadline for a reply in the notice (e.g., 14 days).
2. Attach evidence: include copies of contracts, adverts and statements.
3. Send the notice: by registered mail with return receipt or hand it over with signature.
4. Wait for the deadline: document the landlord's response and any agreed extensions in writing.
5. If no agreement: review final steps and prepare possible court action at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a
• Federal Court of Justice (BGH) – Decisions
• Court information (example: North Rhine-Westphalia)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Bundesgerichtshof (BGH)
3. [3] Justiz NRW – Informationen zu Gerichten