Tenant Checklist for Mediation in Germany

Many tenants in Germany face disputes with their landlord where mediation can be a quick, cost-effective alternative to lawsuits. Well-organized, complete documents make mediation sessions more efficient: tenancy agreement, correspondence, photos of defects, statements of accounts and witness notes help to clearly identify the points of contention. This article explains which documents tenants should collect, how to order evidence clearly and which forms or deadlines are important. I describe practical steps for shared flats (WGs) and individual tenants, name the responsible authorities and refer to official forms so that affected persons in Germany can improve their chances in mediation procedures and resolve disputes fairly.

Which documents tenants should collect

Before mediation, tenants should have as complete documentation as possible. The following items help to clarify the facts quickly and build trust.

• Tenancy agreement (contract) and any addenda as well as signed copies
• Correspondence with the landlord (letters, e‑mails) including dates
• Photos of defects (photos) with date and short description
• Payment records: rent payments, deposit, reimbursements (payments)
• Statements (utility statements) and receipts related to operating costs
• Witness statements or brief written notes from flatmates (witnesses)

How to order documents clearly

Arrange documents chronologically in a folder or digitally in a clearly named folder. Start with the tenancy agreement, add invoices and photos sorted by date and include a short event overview (timeline). Mark the three most important points for the mediator.

• Chronological timeline (record) with date, short description and desired outcome
• Copy of the latest utility bill (form) and your comments
• Note deadlines (calendar) for defect notices or payment requests

Which forms and legal steps matter

For serious disputes tenants should know which forms and legal paths are possible. In many cases mediation suffices; in others, court action under the Civil Procedure Code (ZPO) is necessary. Note deadlines for objections or terminations and prepare a clear summary if a court case at the local court becomes necessary.^[2]

Frequently Asked Questions

What role does tenancy law play in mediation?

Tenancy law (BGB §§ 535–580a) defines obligations of tenants and landlords and helps to classify rights regarding defects and rent reductions.^[1]

Do I have to provide all documents in mediation?

You should provide all relevant documents so the mediator can assess the case objectively; sensitive data can be redacted if necessary.

What happens if mediation fails?

If no agreement is reached, court action remains an option; tenancy disputes are usually heard in the local court. Information on procedures can be found in the ZPO.^[2]

How-To

1. Collect: Gather tenancy agreement, statements, photos and correspondence (collect).
2. Organize: Create a timeline and mark the three core issues (organize).
3. Check forms: See if you need template termination letters or written notices and save templates (forms).
4. Contact: Arrange an appointment with a mediation service or the competent local court if needed (contact).
5. Follow-up: Record agreements in writing and check deadlines for implementation (court).

Help and Support / Resources

• Federal legal information system: Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) — §§ 535–580a
2. [2] Civil Procedure Code (ZPO) — procedural rules
3. [3] Federal Court of Justice (BGH) — information and decisions