Tenants: Documenting Building Work in Germany

As a tenant, building work in your building can significantly affect daily life and living quality. In Germany it is important to document disruptions objectively and in a way that holds up in court, so you can enforce your rights regarding rent reduction, compensation or legal disputes. This text explains in clear terms which steps are sensible: what evidence to collect, how to correctly write a written defect notice and which deadlines apply. I also describe how to use official forms and when to involve the local court. The guidance is practical and aimed at tenants without legal training. Keep all information organized to improve your chances of successfully asserting claims.

Legal basics

The foundations of tenancy law are in the German Civil Code (BGB). Landlord duties for maintenance and defect remedy are regulated there, giving rise to rights such as rent reduction or compensation.^[1] Procedural rules for court cases are in the Code of Civil Procedure (ZPO); tenants usually file lawsuits at the competent local court (Amtsgericht).

What to focus on when documenting

Clear, chronological documentation strengthens your position. Collect evidence immediately, note times and describe impairments factually.

• Photos and videos with date and time (e.g. construction noise, dirt).
• Date and time logs: start, duration and end of works.
• Correspondence with the landlord by email or registered mail; keep copies.
• Witness statements from neighbors or roommates with contact details.
• Documentation of damages (e.g. damaged furniture, broken heating) including cost estimate.

Forms and deadlines

There is no nationwide standard form for a defect notice; you should describe defects in writing, set a deadline for remedy and, if appropriate, indicate rent reduction. For court proceedings use the complaint forms of your competent local court or guidance on the justice portal.^[2]

If the landlord does not respond

If the landlord remains inactive despite written request, consider these options: rent reduction, self-remedy (after advice), or lawsuit for remedy or compensation at the local court. When living conditions are impaired, justify the extent of the reduction factually.

• Set deadlines: common grace period 14 days; shorter for urgent hazards.
• Send a written defect notice by registered mail and document receipt.
• If necessary, file a lawsuit at the competent local court; the local court is the first instance for many tenancy disputes.^[3]

FAQ

Can I reduce the rent if building work is disruptive?

Yes, rent reduction is possible if the usability of the apartment is impaired. Documentation and a prior defect notice are important.^[1]

Do I have to set a deadline for the landlord first?

Generally yes: set an appropriate deadline for the landlord to remedy the defect and announce possible next steps.

Where do I go if it goes to court?

The first competent court is usually the local court (Amtsgericht); depending on the dispute value the case can go to the regional court. Information and forms are available on the justice portal.^[2]

How-To

1. Note date, time and type of disruption immediately.
2. Take photos and videos and save them in a folder.
3. Write a formal defect notice and send it by registered mail.
4. Set an appropriate deadline for remedy (e.g. 14 days) and document the deadline.
5. If necessary, file a lawsuit at the competent local court and attach your documentation.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Justizportal: Forms and guidance
• Federal Court (BGH): Decisions

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Justizportal: Formulare und Hinweise
3. [3] Bundesgerichtshof: Entscheidungen zum Mietrecht