Tenants: Allow Elevator Installation in Germany
As a tenant in Germany, you may sometimes face modernizations that affect daily life, costs and living quality. A common case is the installation of an elevator—especially in older apartment buildings with families and mobility limitations. This guide explains in plain language when you as a tenant must tolerate an elevator installation, which legal foundations and deadlines apply, and how to check costs, participation and possible rent reductions. You will receive practical steps for documentation, guidance on objections to announcements and examples of how to proceed formally to protect your rights without unnecessary escalation. I cite the relevant sections of the BGB, explain typical sample letters for objection and how to proceed in court if an agreement is not possible.
Rights and Duties for Elevator Installation
Landlords must announce modernizations and may generally carry out modernization measures. The rules for passing on modernization costs are found in §559 BGB.[1] The landlord's basic duties—maintenance and defect remediation—are regulated in §535 BGB and affect whether and how construction measures proceed.[2]
When must tenants tolerate?
Tenants must generally tolerate modernizations if they are lawfully announced and the project serves the building (e.g., accessibility). Restrictions apply in cases of disproportionate burdens, health hazards, or if the measures do not appear necessary. An objection to a modernization announcement is possible if there are hardship cases or formal errors in the announcement.
Checklist before consenting
- Check deadlines and dates in the announcement (start, duration, working hours).
- Clarify cost responsibility: Check whether modernization costs are to be passed on to tenants.
- Type of construction: Technical details, duration of interventions and effects on living quality.
- Formal announcement: Check whether all mandatory information is included (type, scope, deadlines).
- Documentation: Secure photos, witness statements, defect protocols and correspondence.
How to check and act legally
First read the announcement in writing: Is the scope clearly described, is there a justification, and are time periods specified? Obtain cost estimates and have it examined which costs are legally allocable to tenants. If the landlord uses the modernization to permanently improve living quality, allocations under §559 BGB are possible; concrete accounts must be comprehensible.[1] If an agreement is not possible, taking the matter to the competent local court is an option for resolving tenancy disputes.[3]
- Collect records, photos and a witness list and date them.
- Mark deadlines in the calendar and check calculations.
- Draft a written objection with reasons and attach evidence.
- If necessary, seek legal advice or inform the competent local court about your options.
FAQ
- 1. Do I always have to tolerate the installation of an elevator?
- No. Generally yes with a proper announcement and justified modernization purpose, but there are exceptions for hardship cases or missing formalities.
- 2. Can the landlord pass all costs onto me?
- Not completely and not always. §559 BGB regulates the allocation and there are caps and conditions for a reasonable cost distribution.[1]
- 3. What to do with formal errors in the announcement?
- File a written objection in due time and point out defects in the announcement; provide evidence and witnesses.
How-To
- Read the modernization announcement completely and note deadlines.
- Secure evidence: photos, witnesses, written communication.
- Draft a written objection with reasons and attach supporting documents.
- Seek legal advice if necessary or contact the competent local court about your options.
Help and Support / Resources
- BGB §559 – Modernization cost allocation (gesetze-im-internet.de)
- BGB §535 – Landlord main duties (gesetze-im-internet.de)
- Courts: Local court (justiz.de)
