Home Office in Lease: Tips for Tenants in Germany

What does the lease regulate about home office?

Many tenants in Germany want to work permanently or regularly from a home office but are unsure how this can be legally regulated in the lease. This guide explains in plain language the rights and duties of tenants and landlords, which clauses make sense and how official forms can be used. You will receive practical wording suggestions, advice on handling additional utility costs and liability issues, and concrete steps for disputes in court. We show when a landlord's consent is required, how technical equipment, internet use and extra costs should be regulated and which template letters are helpful in an official context^[3]. For legal questions we refer to the relevant provisions of the BGB^[1] and to procedural law for eviction claims under the ZPO^[2].

Important contract contents and wording

Good clauses are specific, limit scope and clarify cost allocation. Wording should avoid declaring the apartment "commercial" if only occasional work is done. Instead, specify days, rooms and allowed client appointments so it remains clear whether commercial use exists.

• Work location, days and hours: Specify which rooms and on how many days per week work is permitted.
• Costs: Regulate electricity, internet and additional utility costs and who bears them.
• Forms and consent: State whether written consent of the landlord is required and how it should be given.
• Liability and insurance: Clarify damages caused by professional activity and check liability coverage.
• Commercial activity: Differentiate between pure home office and customer visits or storage.

Sample clauses

Concrete sample texts help negotiations. Wording should limit use clearly, for example by day or hour limits and excluding certain activities like storage of goods or customer traffic if not desired.

• "The tenant may use the apartment for home office work up to three days per week; customer appointments with public attendance are excluded."
• "Additional costs for electricity and internet are to be borne by the tenant if they exceed 10% of usual consumption costs."
• "The tenant is liable for work-related damages unless covered by the tenant's liability insurance."

Practice: obtain consent and use templates

Proceed factually: describe scope and frequency of home office use, offer a trial period and present written agreements. Use template letters for contract changes or consent declarations and send them by registered mail or email with delivery confirmation.

Common disputes and how to resolve them

Typical conflicts concern utility costs, changed noise levels, commercial use or whether consent was required. For acute problems document damages, keep a log of usage and request a written agreement from the landlord.

Frequently Asked Questions

Do I generally need the landlord's consent for home office?

Not always. If residential use does not become commercial and there are no visitors or increased wear and tear, consent is usually not required. Specific regulations can be found in the BGB.^[1]

Who pays additional electricity or internet costs?

If additional costs are incurred due to the home office, a written agreement in the contract or a flat-rate cost-sharing arrangement is recommended.

What can I do if the landlord objects?

First try to reach an amicable solution. If conflicts persist, clarification at the local court may be necessary; check deadlines and procedural requirements under the ZPO.^[2]

How-To

1. Inform the landlord in writing about the scope and duration of the planned home office use.
2. Propose a concrete wording or clause for the lease.
3. Secure consent by email with delivery confirmation or by registered mail.
4. Document additional costs and agree on a cost regulation.
5. Seek legal advice for persistent disputes and consider clarification at the competent local court.
6. Keep all agreements and receipts carefully.

Key Takeaways

• Clear written agreements prevent misunderstandings.
• Documenting use and costs is crucial for later claims.
• The local court is the first instance for legal disputes.

Help and Support

• BGB (Tenancy law §§ 535–580a)
• ZPO (Procedural law, eviction claims)
• Local court and jurisdiction information

1. [1] §§ 535–580a BGB - Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO) - Procedural law
3. [3] Template letters and guidance - Federal Ministry of Justice