Home Office in Lease: Tenant Rights in Germany

Many tenants in German metropolitan areas ask whether and how home office is allowed in the lease and what rights and duties arise. This guide explains in plain language what tenancy law says about home office, how to negotiate changes or addenda, which forms and deadlines to observe and when a local court may decide. I explain typical clauses, practical sample wordings for letters to the landlord and a checklist that helps to detect conflicts early. The aim is to give you clear action steps so you can assert your rights as a tenant in Germany safely and pragmatically. I describe which evidence and photos are useful, how to document communication with the landlord and which official forms you need, including notes on § 535 BGB.^[1]

What does home office in the lease mean?

Fundamentally, the lease regulates permitted use of the dwelling. If there is no explicit clause on home office, occasional work is often to be expected; however, permanent commercial use or public-facing activity may be restricted. Contract changes always require the consent of both parties; in case of disputes, the local court decides.^[3]

Typical clauses

• Collect documentation (photo, document): Keep emails, the employment contract and photos of the workspace.
• Observe deadlines (calendar): Set response deadlines and note appointments in writing.
• Check costs (rent): Check whether additional utilities or costs arise from home office.
• Use written form (notice, form): Always send important agreements in writing and keep documentation.

Practical steps before talking to the landlord

Prepare a short, clear letter: purpose, expected frequency of home office, impact on visitors and working hours. Attach evidence and propose a trial period or rules that address noise, public access and fire safety.

FAQ

Can I work from home if the lease says nothing about it?

Often occasional work is possible without a separate agreement; for permanent, professionally used workspaces you should inform the landlord and reach a clear agreement, otherwise a change of use may be present.^[1]

Does the landlord have to agree to changes in the lease?

Yes. Any change to the contract requires the agreement of both parties. A written addendum provides legal certainty for tenants and landlords.

What should I do in case of a dispute about home office?

Document everything, seek dialogue, and use mediation or the local court if an agreement is not possible.^[3]

How-To

1. Collect documents (photo, document): Gather emails, the employment contract, photos of the workspace and time records.
2. Inform the landlord (notice): Write a polite written letter with a proposal and a deadline.
3. Make a concrete proposal (calendar): State scope (days/week), visitor rules and the equipment used in the dwelling.
4. If refused, consider options (court): Consider legal advice, mediation or judicial clarification under the ZPO and possibly a claim before the local court.^[2]

Help and Support / Resources

• Local court (court) – information on jurisdiction and procedures
• Legal texts – BGB § 535 and lease regulations
• Federal Court – relevant decisions on tenancy law

1. [1] BGB § 535 - Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] ZPO - Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Local court - Justice portal (justiz.de)