Tenants: Allow or Challenge Elevator Installation in Germany
As a tenant in Germany you often face the question whether you must allow the landlord to install an elevator or whether you can oppose it. Modernizations under tenancy law can improve living comfort but also mean costs and restrictions for tenants. In this article we explain clearly which legal bases apply, which rights and obligations tenants have, which deadlines must be observed and how to formally object or challenge a consent. We describe practical steps, which evidence is useful, how to document communication with the landlord and when a lawsuit or legal advice makes sense. The aim is to give tenants in Germany concrete, practical orientation.
What does tenancy law regulate for elevator installation?
Installing an elevator is often considered a modernization. Relevant rules are found in the Civil Code (BGB), obligations to notify and consequences for tenants are described there.[1] Landlords must usually announce modernizations and check economic benefits or rent increases in accordance with legal requirements.
Your rights and duties as a tenant
As a tenant you do not have a blanket veto against every modernization, nor must you tolerate every measure without consideration. The type and scope of modernization, expected rent increases and whether the use of the apartment is unreasonably restricted are decisive.
- Check deadlines and the statutory notification period for modernizations.
- Request written notification and all plans and cost breakdowns from the landlord.
- Check possible rent increases due to modernization and whether cost allocation is legally permissible.
- Document impairments, photos, noise logs and communication with the landlord.
- For legal action, the competent local court or higher instances clarify disputed issues.[2]
When can tenants challenge the installation?
Challenging is possible if the modernization is unreasonable, the cost allocation is calculated incorrectly or the notification contains formal errors. In serious cases, an injunction or a lawsuit may be necessary; procedural rules of the ZPO apply for this.[2]
Practical steps: sample actions and forms
There is no single nationwide official "objection authority"; tenants usually proceed with the following steps and forms:
- Written objection to the landlord (letter or e‑mail) with justification and deadline.
- Attach evidence: photos, noise diary, medical certificates for health impacts.
- Observe deadlines: document landlord responses and check deadlines for court actions.
- If necessary, file a lawsuit at the competent local court; courts provide process forms.
FAQ
- 1. Must I always tolerate elevator installation as a tenant?
- No. There is no general obligation to tolerate every modernization; unreasonableness or defective notifications can prevent a duty to tolerate.
- 2. Which deadlines matter when my landlord announces an elevator?
- Pay attention to the deadlines stated in the announcement and the legally prescribed advance notice periods; respond in writing within those deadlines.
- 3. Where do I turn in a legal dispute?
- Disputes are initially heard at the competent local court; appeals go to regional courts and possibly the Federal Court of Justice.[3]
How-To
- Review documents: carefully check the announcement, cost breakdown and plans and save them digitally.
- Set deadlines: file a written objection or request clarification within the stated time limits.
- Write an objection: briefly state reasons, attach evidence and give the landlord a deadline to respond.
- Court steps: if necessary, file a claim at the local court and consider legal advice.
Notes on forms
There are no uniform nationwide official sample forms specifically for elevator installation by state authority, but courts and justice authorities provide civil procedure forms and information on filing claims.[2] For tenants, a well-written written objection is often the first and most important step.
