Tenant Checklist: Check Claims in Germany
As a tenant in Germany, it is important to check claims against the landlord promptly and correctly. This guide explains which rights you have, which deadlines apply and which official forms and authorities are relevant. We cover practical examples on rent reduction, cosmetic repairs, defect notifications and protection against termination, as well as tips on how to preserve evidence and meet deadlines. The goal is that you as a tenant clearly understand the next steps, can act formally correctly and, if necessary, find judicial assistance. Legal terms from tenancy law are explained in simple language so you can make decisions without legal misunderstandings.
When to check claims?
Always check claims as soon as a defect, an unjustified demand or a threatened termination arises. Note date and time, take photos and inform the landlord in writing. Generally, the deadline starts from knowledge of the defect or receipt of a letter.
Important steps and evidence
- Documentation: photos, videos and written defect notice (evidence).
- Set a written deadline to the landlord with a reasonable grace period (notice / form).
- Keep bank statements for rent payments and deposit receipts (rent / payment).
Deadlines — what to watch?
Many claims become time-barred or must be asserted within a deadline. Important reference points are receipt of letters, notification of the defect and statutory limitation periods. If you respond to a termination, note short response times.
- Response times: react within days to weeks after receipt (deadline).
- Limitation: Observe regular limitation periods under the BGB[1] (deadline).
Forms and where to find them
For many steps there are no uniform mandatory forms, but there are official notices and forms at courts and ministries. Examples:
- Application for legal aid (if you need legal support) — use the form of the judicial authorities.
- Debt collection / payment order (for claims against tenant or landlord) — information and forms at the justice authorities[2].
FAQ
- How long do I have to report a defect?
- You should report defects without delay; specific deadlines depend on the defect, respond within days to a few weeks and set a grace period.
- Can I reduce the rent?
- Yes, for significant defects a rent reduction is possible; document the defect and inform the landlord in writing.
- Who do I contact in an eviction lawsuit?
- Eviction lawsuits are handled by the Amtsgericht; review procedural paths under the ZPO and seek legal advice.
How-To
- Document defect: date, photos, witnesses (evidence).
- Send defect notice to the landlord and set a clear grace period (notice / form).
- Secure payment records: provide bank statements and proof of payment (rent / payment).
- Consider court steps: check options at the Amtsgericht or obtain legal aid (court).
Key Takeaways
- Observe deadlines: respond quickly and in writing.
- Collect evidence: photos and correspondence are essential.
Help and Support / Resources
- Gesetze im Internet: BGB §§ 535–580a
- Bundesgerichtshof (BGH) – case law on tenancy law
- Justice Portal – information on payment orders and forms
