Home Office in Tenancy Agreements: Documents Germany
As a tenant in Germany, you often face questions when home office needs to be regulated in the tenancy agreement. This article practically explains which documents you should have ready, which deadlines apply, which sample clauses are possible, and how to negotiate successfully. I describe when a written supplementary agreement is important, which proofs help, and how typical cost issues can be clarified. I also show which legal bases and courts are relevant, how to meet deadlines, and which official forms exist. The information is general and is meant to help you reach clear agreements with your landlord and better understand your rights as a tenant in Germany.
Which documents and deadlines apply to home office?
For clear agreements, documents and concrete deadlines are central. Collect everything in writing and define who bears which costs and which times apply.
- Written supplementary agreement (form) with rules on use, cost reimbursement and time restrictions.
- Proof and documentation such as photos, e-mails, workplace description (evidence) for securing evidence.
- Clarity on costs: proportional operating costs, electricity or flat-rate reimbursements (rent) must be regulated in writing.
Sample clauses and negotiation strategy
A simple sample clause can stipulate that home office only applies to certain rooms, that additional costs are reimbursed at a flat rate, and that changes are possible with, for example, 30 days' notice. Formulate concretely: period, rooms, cost type, and who is liable for damage.
- Formulate a clear duration rule (e.g. "until revoked with 30 days' notice") and agree on possible costs in advance (tip).
- Ask for a written addendum to the tenancy agreement (form) instead of relying only on e-mail agreements.
- Agree on a contact person and communication channels for questions (contact).
Legal basis, courts and forms
The tenancy law in the BGB regulates the duties of tenant and landlord in §§ 535–580a; these sections are the basis for questions about use, amendment and costs.[1] In case of disputes, the local courts (Amtsgericht) are usually competent; on appeal the regional courts (Landgericht), and for fundamental questions the Federal Court of Justice (BGH). Documents such as termination letters or proofs can be prepared according to the guidelines of the Federal Ministry of Justice; sample forms and information are available from the ministry.[2] If an agreement is not possible, a lawsuit can be filed under the rules of the Code of Civil Procedure; pay attention to deadlines and formal requirements.[3]
FAQ
- Do I need a written agreement for home office?
- Recommended: a written supplementary agreement to clearly regulate use, costs and deadlines.
- Which deadlines are important?
- Termination deadlines and deadlines for changes should be clearly specified; usual deadlines are based on tenancy law and the agreement.
- Which court can I turn to?
- Tenancy disputes are usually heard first at the local court (Amtsgericht); on appeal the regional court (Landgericht), and for fundamental issues the Federal Court of Justice (BGH).
How-To
- Collect documents: secure the tenancy agreement, e-mails and photos and prepare evidence within 14 days.
- Check templates: use official sample forms (form) as a basis for a supplementary agreement.
- Draft the supplementary agreement: clearly state room, time, costs and insurance matters in writing.
- Send the agreement and observe deadlines: send it with proof and observe response times, e.g. by 14 days.
- Take legal action if necessary: if no agreement is reached, file a claim at the competent local court (court).
Help and Support
- Federal Ministry of Justice (Formulare) — Official templates and legal guidance.
- Federal Court of Justice (court) — Decisions on tenancy law and precedent cases.
- Gesetze im Internet (BGB) — Text collection of the relevant sections of the Civil Code.
