Existing Tenants: Find Comparable Flats in Germany
Many existing tenants in Germany face the task of correctly identifying comparable flats — for example when checking the rent control, during modernization notices, or when a landlord justifies a rent increase. This text explains in clear, plain language how you as a tenant choose comparable flats, which facts should be documented in writing and which deadlines must be observed. You will learn which records help most (photos, previous rental contracts, utility bills) and when a visit to the local court makes sense. The guide cites relevant sections of the BGB on landlord and tenant obligations[1], explains formal steps and gives practical examples without legal jargon. At the end you will find a short FAQ and a step-by-step guide on how to proceed.
What is a comparable flat?
A comparable flat is a property that is similar to your rented unit in size, fittings, location and year of construction so that conclusions about market rents can be drawn. For existing tenants it is important to choose transparent criteria: living area, number of rooms, energy supply, fittings, floor and location within the city. Record sources, addresses and rents: the more precise the documentation, the more reliable the comparison.
Important documents to prepare
- Copy rental contract(s) of the comparable flat and your current residence.
- Take dated photos of fittings, defects and meter readings.
- Prepare utility bills and past rent payments.
- Collect written defect notifications or forms for rent reduction.
When naming comparable flats, always note the source (e.g., listing, landlord information) and the date. Use the same comparison criteria for all candidates to avoid bias. Mention specifics such as permitted subletting or indexed rents, as these affect comparability.
When to involve the local court
If no agreement is reached with the landlord, tenancy disputes can be heard in the local district court. The district court is responsible for many civil tenancy matters such as rent reduction, termination or eviction claims[2]. Before filing a lawsuit, check your documentation, deadlines and whether a payment order procedure is appropriate.
Frequently Asked Questions
- What most often counts as a suitable comparable flat?
- A suitable comparable flat has similar living area, number of rooms, fittings and location; year of construction and energy standard also matter.
- Which evidence helps in a dispute about the comparison rent?
- Useful evidence includes rental contracts, listings with price information, utility bills and dated photos; always collect several comparable units to support your case.
- How does a court procedure proceed?
- The procedure follows the rules of the Code of Civil Procedure; you should observe deadlines, submit evidence and consider legal assistance where necessary.
How-To
- Gather documents: assemble rental contract, utility bills, photos and listings.
- Check deadlines: meet response deadlines for rent increases or defect notices.
- Analyze comparisons: compare at least three similar flats and note differences.
- If conflict arises: send a letter to the landlord, set a deadline and contact the local court if no agreement is reached.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Decisions and guidance
