Check Rent Claims: Tenant Rights in Germany
As a tenant in Germany, you should carefully check rent claims and possible housing benefit claims so you can enforce rights like rent reduction, repair claims or objections to a termination. This guide explains step by step which duties landlords have under the BGB [1], which deadlines apply and which official forms and authorities are relevant. You will learn how to document defects, what information a letter should contain and when a trip to the local court may be necessary. Practical tips show which official forms to use (e.g. housing benefit application) and where to find sample texts. If needed, we name responsible courts and authorities in Germany so you can seek help purposefully.
What to check
- Rent (rent): Check the current rent level, operating costs and possible additional claims.
- Deposit (deposit): Check who is liable, deadlines for repayment and settlement.
- Repairs (repair): Document defects, deadlines for remedy and report to the landlord.
- Notices/Forms (form): What information belongs in defect reports, termination responses and housing benefit applications.
- Deadlines (deadline): Note payment deadlines, cure periods and objection deadlines.
- Evidence (evidence): Collect photos, logs, witness statements and correspondence.
- Court steps (court): When an eviction suit or payment claim makes sense.
Detailed documentation increases your chances of success in disputes.
Official forms and templates
Some procedures require official forms or legal bases. For basic rental rights and duties, see the BGB texts and paragraphs [1]. For housing benefit claims, the Wohnraumförderungsgesetz (WoFG) applies [3], and the concrete application forms are usually available from your city or district administration.
- Housing benefit application (Wohngeldantrag): Used when your income does not cover housing costs; submit all income proof and a copy of the rental contract.
- Housing entitlement certificate (WBS) application: Required for certain subsidized apartments; apply at the municipal housing authority.
- Termination response / objection letter (template): Write a short letter with date, reason and desired deadline to remedy defects; keep copies.
Practical example: For mold, photograph the area, report the defect in writing with a 14-day deadline and attach a copy of the rental contract. If the landlord does not respond, you can assert a rent reduction or consider steps before the local court [2].
Rights, deadlines and competent authorities
For deadlines in civil procedure (e.g. eviction lawsuit), the Zivilprozessordnung (ZPO) is relevant [2]. For precedents and legal interpretation, decisions of the Federal Court of Justice (BGH) can be important [4]. In many cases, a dunning procedure or direct inquiry at the local court is sensible before filing a lawsuit.
FAQ
- Can I reduce the rent for defects?
- Yes, if the habitability is significantly impaired. Document defects and give the landlord a reasonable deadline to remedy them before reducing the rent.
- How long do I have to respond to a termination?
- Check the termination letter immediately and pay attention to statutory deadlines; in the case of an extraordinary termination the response times are very short, so seek legal advice if necessary.
- Where do I apply for housing benefit?
- Apply for housing benefit at the competent housing benefit office of your city or district. Use the forms provided there and submit income proof.
How-To
- Document (evidence): Photograph defects and collect all relevant documents.
- Report defects in writing (form): Send a defect notice by registered mail or email with receipt confirmation and set a clear deadline.
- Set deadlines (deadline): Note all deadlines and dates so you do not lose legal rights.
- Seek help (contact): Contact the housing benefit office, tenant advice or the local court for procedural guidance.
- Court steps (court): If necessary, file suit at the competent local court; observe the ZPO requirements [2].
Always record responses and deadlines in writing and keep receipts.
