Home Office in Tenancy Agreements for Tenants in Germany

Many tenants in Germany consider how to regulate home office use in the tenancy agreement without risking conflicts with the landlord. This practical guide explains in clear terms which phrasings are permissible, what rights tenants have when using their apartment as a workplace, and how to negotiate a solution with the landlord. You will learn when consent is required, how additional costs or liability issues should be clarified, and which steps make sense in case of refusal or dispute. The notes refer to relevant provisions of the BGB^[1] and typical decisions of German courts^[3], so you can act more confidently as a tenant and proceed with documentation. The text includes sample phrasings, communication tips and concrete steps, for example when an informal letter is sufficient or when a court route at the local court is indicated.^[4]

What does home office regulate in the tenancy agreement?

Home office can affect different points: permitted use, additional operating costs, liability for damages, data protection and access rules. Some tenancy agreements already contain clauses on permitted use or commercial use; others remain silent. Pay attention to whether the contract prohibits commercial use or names special requirements.

Important contract clauses

• (form) Agree on written consent for using the home office.
• (safety) Regulate fire protection, escape routes and safety for permanent use.
• (rent) Clarify who bears additional utility costs or increased electricity costs.
• (entry) Establish data protection and consent for viewings or deliveries.

Practical steps in case of conflicts

1. (form) First send an informal written letter to the landlord requesting consent or clarification of the conditions.
2. (document) Document usage, working hours, photos of relevant areas and all communication with the landlord.
3. (deadline) Note deadlines and respond to requests or reminders in a timely manner.
4. (court) Only if no agreement is reached, consider proceedings at the local court (tenancy matter) and gather evidence.

Forms and templates

For many cases an informal letter is sufficient; for formal proceedings standardized complaints or sample forms can be helpful. Use public templates only as a guide and tailor the text to your situation.

FAQ

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

Not always. For occasional, unobtrusive work, explicit consent is usually not necessary. For permanent, intensive home office or customer visits, consent is advisable; check your tenancy agreement and document your usage.

Can the landlord demand additional costs?

Yes, if your activity demonstrably causes additional costs (e.g. increased electricity). Clarify such issues in writing in advance so subsequent demands are traceable.

What can I do if the landlord refuses?

Seek a discussion, document your arguments and consider whether judicial clarification at the local court is necessary; the civil procedural rules then apply accordingly.^[2]

How-To

1. Preparation: Read the tenancy agreement and mark all relevant clauses.
2. Contact: Send an informal letter to the landlord, specifying intended use and hours.
3. Agreement: If consent is given, draw up a written addendum to the tenancy agreement or a separate agreement.
4. If necessary: Compile documentation and consider legal options, such as proceedings at the local court.

Help and Support / Resources

• Guide: §535 BGB – Duties of the landlord
• ZPO – Code of Civil Procedure
• Federal Court of Justice – Decisions

1. [1] §535 BGB – Duties of the landlord
2. [2] ZPO – Code of Civil Procedure
3. [3] Federal Court of Justice – Decisions on tenancy law
4. [4] Federal Ministry of Justice – Templates and Forms