Tenant FAQ: BGH Rulings & WG Case Help Germany

As a tenant in Germany you need clear, practical guidance on BGH decisions, termination, rent reduction and repairs. This guide explains how to interpret rulings, weigh pros and cons and compile complete documents for complex shared-flat cases. We show concrete steps, which courts are responsible, which forms you can use and how to observe deadlines so you remain able to act. Language is deliberately simple, with examples and checklists so you can quickly decide whether a conversation with the landlord, an informal letter or turning to the local court is necessary. At the end you will find a step-by-step how-to and official links.

BGH rulings: pros & cons in practice

BGH decisions often clarify how tenancy law rules apply in practice. For tenants, rulings on rent reduction, service charge statements or termination are particularly important. When reading a judgment it helps to isolate the concrete legal issue and check whether the facts of your case match. Financial consequences, burden of proof and deadlines are central aspects you should document.^[1]

Practical pro-and-con checklist

• Check documentation (document): photos, emails, witnesses recorded.
• Assess repair needs (repair): describe urgency and effects on habitability.
• Weigh cost impacts (rent): consider rent reduction or compensation.
• Identify court risks (court): litigation costs, duration and chances of success.

If you live in a shared flat, collect separate evidence for each roommate and a joint list of damages; this helps the local court evaluate. For complex cases prepare complete documents early: tenancy contract, handover record, service charge statements and correspondence with the landlord.

What to do for termination, rent reduction or repair disputes

In case of termination, significant defect notice or a justified rent reduction you should act in a structured way: check deadlines, send a formal defect notice or a written termination and document all steps. If court clarification is needed, the local court is usually competent; procedural rules of the ZPO may be relevant.^[2]

Important forms and templates

• Termination letter (template): short form for timely terminations; example: ending tenancy due to move or uninhabitability.
• Defect notice (form): written request for repair with deadline; example: report heating failure by email and registered mail.
• Evidence folder (document): collect photos, witness list, records and invoices.

Many courts do not require special templates, but a clear dated and signed statement often replaces a form. For eviction suits or complex claims observe ZPO deadlines and consider legal assistance.^[3]

FAQ

When can I reduce the rent?

You can reduce rent if habitability is significantly impaired; the percentage depends on the individual case and should be documented.

What deadlines apply after termination?

For ordinary termination the statutory notice periods of the BGB apply; for extraordinary termination it depends on the specific reason.

Which court is competent?

Most tenancy disputes are handled by the local court; appeals go to the regional court, and fundamental questions can be decided by the BGH.

How-To

1. Step 1: Document facts (form): collect photos, dates and relevant messages.
2. Step 2: Contact landlord (call): send defect description and set a deadline for repair.
3. Step 3: Document repair attempts (repair): record invoices and appointments.
4. Step 4: Consider and announce rent reduction (rent): justify a percentage-based reduction.
5. Step 5: File a formal claim at the local court (court): prepare the complaint or seek legal help.

Help and Support / Resources

• BGB: Code and provisions - Gesetze im Internet
• Federal Court of Justice (BGH) - Official site
• ZPO: Civil Procedure Rules - Gesetze im Internet

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Bundesgerichtshof - Offizielle Website
3. [3] Zivilprozessordnung (ZPO) - Gesetze im Internet