Tenant Claim Check: Documents & Guide Germany
Many tenants in Germany face the question of whether they can assert a claim for housing benefit, rent reduction, rent subsidy or damages. This guide explains in clear language which documents you need to collect, which deadlines apply and which official forms exist. We describe step by step how to secure evidence, how to perform a claim check and which authorities or courts you can turn to. Examples show how to create a damage log or calculate a rent reduction. The aim is to provide you as a tenant with concrete steps so that you can assert your rights in Germany confidently and correctly.
What tenants should check
As a tenant, you should first clarify which legal basis applies to your claim. Many rental rights are regulated in the German Civil Code (BGB), for example the landlord's duties to maintain and ensure the habitability of the rented dwelling[1]. In disputes, the local court (Amtsgericht) often decides; procedural rules are governed by the Code of Civil Procedure (ZPO)[2]. Use these foundations to check whether your case justifies a claim for rent reduction, damages or housing benefit.
Which documents you need
- The current rental agreement including all addenda and annexes.
- Handover protocol and earlier defect reports, if available.
- Payment records: bank statements, receipts and service charge statements.
- Photos or videos documenting damage or defects.
- Correspondence with the landlord: emails, letters and text messages.
Detailed documentation increases your chances in negotiations or in court.
Deadlines and proof
- Pay attention to statutory or contractual deadlines for defect notifications and objections.
- Document the date of every notification to the landlord and keep confirmations.
- For rent reductions, there are often deadlines for retroactive claims — act promptly.
Respond promptly to defects and keep track of deadlines, otherwise claims may lapse.
Forms and practical examples
- Termination letter (template) from the Federal Ministry of Justice as a model for timely terminations.
- Housing benefit application (local housing benefit office) for tenants entitled to a subsidy for rent[4].
- Application for a Wohnberechtigungsschein (WBS) where required for subsidized housing.
Keep originals and organized copies of all relevant documents.
FAQ
- Can I reduce the rent if the heating fails?
- Yes, in case of significant impairment of usability a rent reduction may be possible; check the legal requirements in the BGB and document the extent and duration of the defect[1].
- How do I apply for housing benefit?
- Housing benefit is awarded regionally. Submit the application to the responsible housing benefit office; check required documents and local forms in advance[4].
- What happens if the landlord sues?
- In disputes the local court usually decides; the procedure follows the rules of the ZPO. Seek assistance in time and submit your documents to support your position[2][3].
How-To
- Collect all relevant documents: lease, payment records, handover protocol and photos as evidence.
- Check the legal basis (e.g. landlord obligations under the BGB) and note relevant paragraphs[1].
- Note deadlines: when was the defect reported and what remedy deadlines apply?
- Complete required forms such as the housing benefit application and submit them to the responsible office[4].
- In case of escalation: prepare documents for a possible lawsuit and get information on proceedings at the local court[2].
- Keep copies of all submissions and responses; secure evidence for any subsequent claims.
Help and Support / Resources
- [1] BGB §§535–580a – Gesetze im Internet
- [2] ZPO – Code of Civil Procedure on Gesetze im Internet
- [3] Federal Court of Justice – decisions and information
