Initial Consultation: Avoid Tenant Mistakes in Germany
As a tenant in Germany, good preparation for the initial consultation is essential to enforce rights effectively and avoid costly mistakes. This practical guide explains in plain language which documents you should bring to the initial consultation, which deadlines apply, and how to document conversations with your landlord or advisory service. Many tenants underestimate the importance of the rental contract, handover protocol, payment records and damage photos; we show specifically how to structure these records and which forms are most important. The guidance helps you use the consultation efficiently and prepare legal steps such as rent reduction, termination or eviction. You will also learn which authorities and courts in Germany are responsible and where to find official forms.
Preparation for the initial consultation
A structured preparation saves time and makes the initial consultation more effective. Arrange documents chronologically, note important dates (lease start, communications from the landlord, inspection appointments) and create short bullet points about your concern.
- Copy of the rental contract and all amendments.
- Handover protocol and apartment pictures/damage photos.
- All rent payments and bank statements as proof of payment.
- Correspondence with the landlord, e‑mails and SMS as evidence.
- Note short descriptions of defects with date and time.
Keep copies of all correspondence with the landlord.
Important deadlines and next steps
Check deadlines in documents from the landlord promptly and respond within the times stated. For defects: report immediately, document and set a reasonable deadline for remedy. In case of termination or eviction threats, seek legal advice immediately.
- Response deadlines: check replies to letters within the stated times.
- Deadline for rent reduction: report and document defects promptly.
- Deadline for extraordinary termination: seek legal advice immediately and secure documents.
Respond to terminations or eviction notices immediately.
Official forms and templates
Some forms are central for court proceedings or support applications. Read the notes below and prepare copies.
- Application for legal aid (PKH): form to cover court costs when your income is low; example: file the application before submitting an eviction claim if you cannot afford the costs.[2]
- Complaint form (eviction claim): written complaint under the rules of the ZPO for unpaid rent or contesting a termination; the complaint is filed at the competent local court.[3]
- Written defect notice: there is no nationwide standard form, but the notice should include date, concrete defect description and a reasonable deadline for remedy.
A timely submitted PKH application can secure your ability to proceed.
FAQ
- What is the most important preparation before the initial consultation?
- Bring the rental contract, handover protocol, payment records, photos and previous correspondence; this allows the consultation to help more quickly and precisely.[1]
- Which deadline is important for defects?
- Defects should be reported in writing immediately; the deadline for rent reduction and complaints begins with the report and documentation.
- Where do I file an eviction claim?
- Eviction claims are usually filed at the competent local court (Amtsgericht); complaint form and procedure are governed by the ZPO.[3]
How-To
- Gather all relevant documents and arrange them chronologically.
- Create a short overview with the key dates (lease start, defects, missed payments).
- Book an appointment with a tenant advisory service or tenant association and send the overview in advance.
- Follow the recommendations of the initial consultation and submit necessary forms to the local court or advisory office.
Key takeaways
- Good documentation improves your chances in any tenancy dispute.
- Deadlines and evidence are crucial; act in time.
Help and Support / Resources
- Gesetze im Internet (BGB, ZPO) – Official legal sources
- Federal Ministry of Justice (forms & information)
- Federal Court of Justice (BGH) – case law
