Long-term Serviced Apartments: Tenant Rights in Germany

Many tenants in Germany today use serviced apartments as a long-term housing solution. Legally, not every furnished, short-term rented unit is automatically treated like a regular tenancy. For tenants it is important to know which contract type applies, what landlord obligations exist and which protection rights apply — for example regarding protection against termination, rent increases or habitability defects. In this article we explain in practical terms how to recognise a long-term tenancy, which statutory provisions in the BGB apply and which examples and model cases help with typical disputes. The aim is to inform tenants in Germany clearly so they can secure their rights and, if necessary, act correctly in court or before authorities.

What does "long-term" mean for serviced apartments?

An apartment is considered long-term in practice if use extends over several months to years and recurring payments such as a monthly rent are made. Crucial are the contents of the rental agreement: limitation, notice periods, rent structure and who bears ancillary costs. If typical tenancy conditions are in the contract, it is often considered a tenancy with tenant rights under the BGB ^[1].

What tenants should pay attention to

• Written contract (form) check: duration, termination periods and additional services.
• Rent and ancillary costs (rent) clarify: included services vs. operating costs.
• Condition & maintenance (repair): Who is responsible for repairs?
• Access and privacy (entry): Rules on keys, access personnel and house rights.

Legal bases and authorities

The central rules are in the BGB, in particular the provisions on residential tenancies (§§ 535–580a BGB). For judicial clarification, local courts (Amtsgericht) are usually competent in the first instance; higher instances are the regional court and, for precedent, the Federal Court of Justice (BGH) ^[1][3]. Procedural matters for eviction or lawsuits are governed by the Code of Civil Procedure (ZPO) ^[2].

Examples — typical case groups

Here are some realistic examples showing how classification can take place:

• Example A: A contract specifies monthly rents, an open-ended term and ordinary notice periods → normally a tenancy (rent).
• Example B: Short-term contract with daily billing and a strong service component without termination rights → more like hotel services or commercial accommodation (form).
• Example C: Long-term use with defects (heating, mould) and lacking maintenance → tenants can claim rent reduction (repair).

Which forms and templates are important?

There is no single nationwide template that covers all cases; but important templates and legal texts can be found on official sites. Relevant forms and notices:

• Termination letter / sample termination (form): Template for ordinary or extraordinary termination — use checked samples and adapt deadlines.
• Defect notice / defect protocol (document): Written defect notice with deadline and documentation by photo.
• Eviction claim forms (court): If eviction fails or there is a dispute about termination, court forms under the ZPO may be relevant.

Practice: sample procedure for a rental defect

If heating or water fails, proceed as follows: report the defect in writing, set a deadline, collect evidence; if there is no reaction, consider rent reduction or help from the local court.

Further steps in case of dispute

• Contact the landlord or property management first (contact).
• Document defects and all contacts in writing (document).
• If necessary, contact the competent local court for tenancy proceedings (court).

FAQ

1. Are serviced apartments automatically tenancies?

No. Classification depends on the contract, duration and billing; recurring monthly rent and termination periods often indicate a tenancy.

2. What rights do I have for defects?

For significant defects, tenants can claim rent reduction, demand remedial action or, if deadlines are missed, consider self-remedy options.

3. Which court should I turn to in a dispute?

For tenancy disputes, the competent local court (Amtsgericht) is usually responsible in the first instance; higher instances include regional courts and possibly the BGH.

How-To

1. Report defect in writing (file): Describe the defect, date and set an appropriate deadline.
2. Collect evidence (document): Secure photos, messages, invoices and handover protocols.
3. Contact landlord (contact): Send a reminder within the deadline and agree possible repair dates.
4. Check legal options (court): If there is no reaction, examine the possibility of legal action at the local court.

Key Takeaways

• Contract wording determines tenant rights more than the label "Serviced Apartment".
• Timely documentation and setting deadlines are crucial for enforcing tenant claims.

Help and Support / Resources

• §§ 535–580a BGB — Residential tenancy law
• Code of Civil Procedure (ZPO) — Procedural rules
• Federal Court of Justice (BGH) — Case law in tenancy law

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Bundesgerichtshof — BGH