How Tenants Claim Rent Reduction in Germany

Tenants in Germany often face the question of how to respond correctly to apartment defects. This guide explains clearly which steps are necessary, how to report defects on time, which evidence is important and when a rent reduction is justified. You will learn how to comply with forms and deadlines, which sections of the BGB are relevant and how to document contact with the landlord. The aim is that you as a tenant can enforce your rights without taking unnecessary risks and know exactly when further legal steps make sense. Practical examples and notes on local court, forms and evidence preservation help you with your next defect report.

What to do about defects?

As a tenant you should first check whether the defect impairs the usability of the apartment. A rent reduction is possible if the quality of living is significantly affected; the legal basis can be found in the provisions of the BGB.^[1] It is important to act systematically: document everything and inform the landlord in writing.

Immediate measures

• Take photos of the defect and clearly record the date.
• Note witnesses or neighbors who can confirm the condition.
• Record the date and time of every communication with the landlord.
• If possible, document measured values (e.g. humidity, temperature).

Formal defect notice

Send a written defect notice to the landlord with a precise description, a deadline for rectification and a note about possible rent reduction. Specify concrete dates, request a reply and keep proof (registered mail, email with read receipt). If escalation is necessary, the local court is responsible for tenancy disputes.^[2]

Rent reduction: requirements and calculation

A lawful rent reduction requires a significant defect that affects use and that the landlord is responsible for or does not remedy promptly. The reduction must be reasonable and time-limited. Calculate the amount of reduction based on the actual loss of use and record the calculation in writing.

• First check whether the defect can be fixed immediately.
• Set a reasonable deadline for remedying the defect.
• Calculate and note the reduction percentage based on loss of use.
• Continue to pay the reduced rent with a note explaining the reason.

FAQ

When can I reduce the rent?

You can reduce rent if a defect substantially limits the usability of the apartment. Relevant factors are scope, duration and cause of the defect; check the provisions in the BGB.^[1]

How do I report a defect correctly?

Report the defect in writing with an exact description, date, desired deadline for correction and request written confirmation from the landlord.

What happens if the landlord does not respond?

If the landlord does not act within the set deadline, you may consider further steps such as enforcing a rent reduction or filing a claim at the local court.^[2]

How-To

1. Document: Collect photos, dates, witnesses and measured values.
2. Send a written defect notice: include description, deadline and request confirmation.
3. Wait for the deadline: if the landlord does not respond, plan next steps.
4. Calculate rent reduction and transfer the reduced rent with a note.
5. Preserve evidence: keep all documents organized for possible court proceedings.
6. Legal action: if necessary, file a claim at the local court or seek legal advice.^[3]

Help and Support / Resources

• Gesetze im Internet: BGB §536 - Rent reduction
• Gesetze im Internet: ZPO - Civil procedure
• Federal Court of Justice (BGH) - Official site

1. [1] Bürgerliches Gesetzbuch (BGB) §536, Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO), Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official Website