Mediation for Tenants in Germany 2025
If tenancy disputes arise, mediation offers a confidential and usually faster alternative to court proceedings for tenants in Germany. As a tenant, you can resolve disagreements about rent increases, repairs or terminations with less effort. This guide explains when mediation makes sense, which steps tenants should prepare, and which deadlines, forms and authorities are relevant. You will learn how to document claims, draft a mediation proposal securely and what to consider if mediation fails and court proceedings follow. The aim is to present practical, legally compliant steps clearly so tenants in Germany can assert their rights confidently and avoid costly eviction lawsuits where possible. The notes are based on applicable German law and show when the local court or the BGH may become relevant.
When is mediation useful for tenants?
Mediation is particularly suitable when you want to preserve the relationship with the landlord and when the dispute concerns concrete issues such as rent increases, cosmetic repairs or maintenance. Mediation is voluntary, confidential and can deliver results faster than litigation. If there are deadlines or an impending eviction, however, check your legal options in parallel and respond within legally prescribed time limits.[1]
Preparation as a tenant
Good preparation increases the chances of success. Collect all relevant documents, note dates and document defects with photos and witnesses. Clearly define which concessions you can make and where your red lines are.
- Collect photos and documents of defects and organize them chronologically.
- Check and note deadlines so that no rights are lost.
- Set concrete goals for the mediation.
- Keep contact details and potential witnesses ready.
Process of a mediation
A mediator facilitates the discussion, collects the positions of both parties and works toward an agreement. Typical stages are a preliminary talk, a joint meeting and possibly follow-up sessions. A written agreement documents the outcome and can provide enforceability.
If mediation fails: next steps
If mediation fails, civil law remedies remain available. Many tenancy disputes are governed by the provisions of the BGB; court actions follow the rules of the ZPO. An eviction claim is typically filed at the competent local court; appeals can go to the regional court and then to the Federal Court of Justice (BGH).[1][2][3]
Forms and official documents
Important official documents and notices for tenants include:
- Termination letter / objection: Documents according to BGB requirements to preserve deadlines (terminations follow § 573 BGB).[1]
- Filing a suit at the local court: Formalities and filing follow the ZPO; check with the competent local court for local forms.
- Evidence: Use photos, defect reports and payment receipts as attachments to legal documents.
Practical action steps for tenants
- Document the facts in writing and collect evidence.
- Contact the landlord in writing with a concrete proposed solution.
- Propose mediation and agree on a neutral mediator.
- If mediation fails, check court deadlines and seek legal advice if necessary.
FAQ
- How much does mediation cost and who pays?
- Mediation usually involves mediator fees and sometimes room costs; the costs are typically shared between the parties or agreed individually.
- Can mediation prevent an eviction?
- Yes, if a mutual solution is found and recorded in writing, it can prevent or postpone an eviction.
- Do I have to participate in mediation?
- No, mediation is voluntary. Participation is only mandatory if both parties have previously entered into an agreement to that effect.
Anleitung
- Prepare documents: photos, defect reports, payment receipts.
- Write down your concern and state concrete goals.
- Contact the landlord and propose mediation.
- If necessary, inform yourself about legal deadlines and file documents on time.
Key takeaways
- Mediation can save time and costs and help preserve the tenancy relationship.
- Careful documentation strengthens your position as a tenant.
- If mediation fails, the local court and the ZPO are the next steps.
