Window Replacement: Tenant Rights in Germany

Tenants in Germany often face many questions when a window replacement is planned: Who pays the costs, what deadlines apply, and how do I document damage or changes in performance? This article explains step by step how, as a tenant, you can properly record damage and replacement work, which rights and obligations arise from tenancy law, and which official steps are possible. We name relevant sections of the BGB and procedural pointers under the ZPO, show practical templates for defect notifications and explain when a trip to the local court makes sense. The aim is a clear, practical guide for tenants in Germany to reduce risks and present reliable evidence in disputes.

What tenants should do for window replacement

When a window replacement is announced, tenants should act immediately: document the condition before work begins, communicate in writing with the landlord, and request a work description with a schedule. The landlord is responsible for maintaining the rented property under § 535 BGB^[1], but specific procedures should be recorded in writing. Note the names of craftsmen, dates and agreements, and keep photos and invoices.

• Take photos (photo) of the window frame before, during and after the work.
• Send a written defect notification / request (form) to the landlord and demand deadlines.
• Keep receipts and quotes (receipt).
• Note times and appointments (time) and keep messages.

Legal basis

The landlord's duties and tenants' rights arise from the BGB (§§ 535–580a) and procedurally from the ZPO^[2]. In serious disputes the local court (Amtsgericht) has jurisdiction; higher courts' decisions can reach the Federal Court of Justice (Bundesgerichtshof)^[3].

FAQ

Who pays for new windows?

In principle, the landlord bears the costs for maintenance and modernization, unless a valid cost-allocation in the lease exists. Check individual agreements and ask in good time if unclear.

Can the landlord demand access to the flat at any time?

The landlord must announce appointments in good time; disproportionate or unannounced access is not permitted. However, access arrangements are possible for justified interests.

Can tenants reduce the rent if work causes disruption?

In case of significant impairments, a rent reduction may be considered, but scope and start depend on the individual case; document damage and disruptions carefully.

How-To

1. Take photos and videos immediately (photo) of the damage and the window condition.
2. Write a defect notification (form) with date, time and a deadline for remedy; send it by registered mail or e‑mail with read receipt.
3. Collect quotes, invoices and receipts (receipt) for replacement or repair work.
4. Keep a log of all appointments and deadlines (time), including contractor and witness details.
5. If the landlord does not respond, consider legal action and possible filing at the local court (court).

Key Takeaways

• Photos, videos and dates are the strongest evidence.
• Written defect notifications with deadlines create legal clarity.
• Timely documented deadlines simplify later proceedings.

Help and Support

• Federal Ministry of Justice and Consumer Protection
• Gesetze im Internet (BGB & ZPO)
• Federal Court of Justice (BGH)

1. [1] BGB §535 ff. – gesetze-im-internet.de
2. [2] ZPO – gesetze-im-internet.de
3. [3] Federal Court of Justice – bundesgerichtshof.de