Mediation Checklist for Tenants in Germany 2025

As a tenant in Germany, neighborhood disputes, apartment defects or threats of termination can quickly become stressful. Mediation offers a confidential, out-of-court option to resolve disputes with landlords or neighbors before termination or an eviction lawsuit arises. This checklist guides you step by step: how to collect documents and evidence, which official forms and deadlines are relevant, what rights exist under the BGB, and how to find a mediator. It is designed specifically for tenants in Germany, explains legal terms simply and gives practical phrasing suggestions for conversations and written notices. Use the guidance to approach conflicts in a solution-focused and legally sound way. Read on for concrete templates.

What is Mediation?

Mediation is a structured facilitated process with a neutral moderator that focuses on mutual solutions rather than winners and losers. In the rental context, mediation often helps with mold, noise, repair obligations, or threats of termination.

• Direct, confidential settlement without court involvement.
• Faster than litigation (time) and often a practicable early solution.
• Lower costs compared with lawyers and court proceedings (payment).

Preparation before Mediation

Careful preparation strengthens your position. Collect evidence, read relevant BGB provisions (Sections 535–580a) and note concrete solutions you would accept.^[1]

• Collect records and photos of defects with dates (evidence).
• Written defect notices or correspondence with the landlord (form).
• Have your tenancy agreement and service charge statements ready (rent, payment).

Official templates such as a sample termination letter or guidance on formal letters can be found at relevant federal authorities; a practical example is the model termination letter at the Federal Ministry of Justice and Consumer Protection.

Course of a Mediation

Typical process: attendance by both parties, presentation of positions, moderated discussion rounds, development of solution proposals and signing a written agreement. If no agreement is reached, court proceedings remain possible.

How-To

1. Collect evidence: photos, defect notices and proof of payments (evidence).
2. Contact a mediation center or propose a meeting with the landlord (contact).
3. Set a date and time and clarify duration and participants (calendar).
4. Prepare concrete proposals and priorities (time).
5. Record agreements in writing and keep copies (success).

FAQ

Can I claim a rent reduction while mediation is ongoing?

Yes, tenants can claim a rent reduction for significant defects under the provisions of the BGB; mediation does not automatically change existing rights under the BGB.^[1]

Are there deadlines for an eviction claim or other court actions?

Court proceedings follow the Code of Civil Procedure; eviction claims are usually dealt with by local courts (Amtsgericht), and procedural deadlines must be observed.^[2]

What happens if mediation fails?

If mediation fails, parties can litigate; many rental law decisions are heard in local courts, and ultimately the Federal Court of Justice may decide on legal questions.^[3]

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions