Home Office in Tenancy Agreements 2025 Germany

Many tenants in Germany wonder whether and how they may work from home on a permanent basis. This guide explains clearly which clauses are needed in the tenancy agreement, what rights and obligations tenants have and how you can agree a home office arrangement with the landlord. You will receive practical sample clauses, notes on ancillary costs, liability for damage, data protection when the employer accesses the apartment and guidance on when consent is required. We show how to document objections, observe deadlines and, if necessary, involve the local court. Finally, you will find links to official forms, relevant BGB sections (§§ 535–580a) and tips for evidence collection with photos and witnesses. The language remains simple and action-oriented.

Which provisions belong in the tenancy agreement?

A clear home office clause regulates duration, place of work, visitor rules, liability and ancillary costs. Wording is based on the tenancy duties in the BGB^[1] and should specify whether additional costs arise and who is liable for damages.

Sample wording suggestions

Concrete, short sentences help avoid misunderstandings. Examples can specify duration, workplace, visitor rules, scope of liability and effects on ancillary costs.

• Observe deadlines (days): Agree a 14-day response period for approval or refusal.
• Agree home office in writing (form): "The tenant may use the living room as a home office. Use is limited to X hours per week; additional costs are borne by the tenant unless otherwise agreed."
• Collect evidence (evidence): Keep records of agreements, save emails and take photos of workspaces.

If the landlord refuses

If the landlord refuses, you should first attempt constructive renegotiation and possibly offer alternatives (temporary consent, restriction to certain rooms). In case of conflict, clarification before the local court or legal proceedings under the ZPO may be necessary^[2][3].

FAQ

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

In many cases yes. If the use of the apartment changes substantially, written consent from the landlord is advisable. Document duration and scope and offer a written agreement.

Can the landlord generally prohibit home office?

A general ban is only effective if it was contractually agreed and does not conflict with legal obligations. Courts and case law decide on a case-by-case basis.

Is there a sample clause I can use?

Yes. For example: "The tenant is entitled to use the dwelling partly as a home office. Use is limited to X hours per week; additional costs must be regulated in writing."

How-To

1. Document the need and duration (evidence) and note why home office is necessary.
2. Draft a short written agreement (form) and send it to the landlord.
3. Set a reasonable response deadline (days) and send a reminder in writing if needed.
4. If no agreement is reached, consider next steps and seek legal advice; as a last resort the local court can be involved (court).

Key Takeaways

• Always record agreements in writing.
• Collect evidence such as emails, photos and logs.
• Observe clear deadlines for consent and responses.

Help and Support

• §§ 535–580a BGB — Gesetze im Internet
• ZPO — Gesetze im Internet
• Justice Portal — Information on Courts

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Local Court — Justice Portal