Home Office & Tenancy: Protect Tenants in Germany
Common mistakes with home office clauses
When tenants want to use home office permanently, issues often arise with addenda or renewals of the tenancy agreement. Ambiguous wording on use, ancillary costs or liability leads to misunderstandings. Pay attention to binding rules and references to the German Civil Code (BGB) §§ 535–580a[1] so that rights and obligations remain clear.
What tenants should pay attention to
Before a renewal or addendum, tenants should check the wording, clarify possible additional costs and obtain consents in writing. If deadlines or rules about extra costs are missing, this can lead to claims later.
- Deadlines for use or probation period not specified
- Ancillary costs for additional electricity use not regulated
- Liability for damage to the work area unclear
- Oral agreements instead of written arrangements
Wording that protects tenants
Good template points for an addendum are: purpose of the room, duration of permission, cost sharing for electricity and equipment, liability rules and notice periods. Mention specific deadlines and the option of a temporary trial period.
- Specific purpose clause (e.g. "one room for professional activity")
- Fixed term or probation period with clear duration
- Regulation of additional costs (electricity, internet)
- Set liability and insurance obligations
What to do if the landlord refuses
First seek a conversation and offer a written, transparent agreement. If that does not help, document your attempts, collect evidence (photos, emails) and consider legal steps. Tenancy disputes are usually heard at the local court (Amtsgericht)[3].
How-To
- Contact the landlord in writing and explain the need for home office.
- Propose a clear addendum with purpose, duration and cost allocation.
- Secure evidence: emails, photos of the workspace and dates of agreements.
- Agree on a trial period or review deadlines for the arrangement.
- Document every consent in writing and keep copies.
FAQ
- Can I as a tenant simply use a room permanently as an office?
- In principle, tenants must obtain the landlord's permission if the use goes beyond ordinary residential use; a written agreement protects both parties.
- Who pays additional electricity costs due to home office?
- That depends on the agreement; without regulation the landlord does not automatically bear the costs. Clarify the allocation in writing.
- Which deadlines are important for contract addenda?
- Deadlines for termination, probation and the effectiveness of an addendum should be clearly stated so both parties know when changes take effect.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Federal Ministry of Justice (template forms and guidance)
- Federal Court of Justice (BGH) – tenancy law decisions
