Mediation for Tenants in Germany: Checklist

As a tenant in Germany you may face disputes with your landlord over rent increases, repairs or termination. Mediation can help before court involvement: a neutral third party facilitates solutions such as payment plans, repair deadlines or agreed move-out arrangements. This checklist explains when mediation is useful, which documents you should prepare (lease, correspondence, photos, witness statements) and how to organise appointments, deadlines and forms practically. The guidance is written for non-lawyers and includes concrete steps for filing complaints, communicating with tenant associations and preparing for possible court proceedings.

When is mediation useful?

Mediation is especially advisable when the goal is a quick, amicable and cost-effective solution: recurring repair disputes, unclear service charge statements or conflicts about use and noise. Mediation does not replace legal advice, but can avoid escalation such as an eviction suit if both parties wish to negotiate. If claims are time-barred or immediate spatial clarification is necessary, court proceedings may remain necessary; in such cases the local court clarifies jurisdiction.^[3]

Which documents to prepare?

• Lease agreement: complete copy, annexes, handover record and any amendments.
• Correspondence: emails, letters and messages with the landlord or management.
• Defect documentation: photos, date, location and description of damages and reports to the landlord.
• Payment receipts: bank transfers, rent receipts and records of deposit or service charges.
• Witness statements: names and contacts of neighbours or tradespeople who can confirm conditions.

Preparing for appointments and deadlines

Note deadlines and reasons in a list and prioritise. Legal claims follow deadlines under the BGB, such as landlord duties and tenant rights in § 535 et seq., which you should be aware of.^[1]

How does mediation proceed?

A mediator invites both parties to one or more meetings, explains rules and ensures each side is heard. Typical steps include clarifying issues, collecting solutions, evaluating options and producing a written agreement. The agreement may include concrete deadlines and obligations but is binding only if both parties agree and, if needed, secure it in writing or notarisation.

How-To

1. Collect all relevant documents and organise them by date.
2. Contact the landlord in writing and announce your intention to mediate.
3. Arrange an appointment with a certified mediator or a conciliation service.
4. Bring evidence, photos and a list of desired solutions to the meeting.
5. Document any agreements in writing and have them signed.

Frequently Asked Questions

What does mediation cost?

Mediation typically costs less than court proceedings; fees depend on session length and mediator rates. Some tenant associations offer reduced or free initial advice. For court disputes, legal aid may be available.^[2]

Do I have to participate in mediation?

No. Mediation is voluntary. It makes sense when both parties seek agreement; if one side is uncooperative, court action remains an option.

Which courts handle tenancy disputes?

Many tenancy disputes are handled by the local court (Amtsgericht); higher-value disputes go to the regional court (Landgericht) and legal precedents may reach the Federal Court of Justice (BGH).^[3]

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection
• Gesetze im Internet: BGB §535
• Federal Court of Justice (BGH)

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1. [1] Gesetze im Internet: BGB §535
2. [2] Bundesministerium der Justiz und für Verbraucherschutz
3. [3] Bundesgerichtshof (BGH)