Tenant Guide Germany: BGH Tips & Checklist
As a tenant in Germany, you often face questions about rent increases, termination, repairs or utility billing. This practical guide clearly explains how to use your rights under the BGB and relevant BGH rulings, which official forms you may need and when the local court (Amtsgericht) is competent. Step by step you will find template texts, concrete actions and a checklist for complex urban cases. We show how to document damages, keep deadlines and secure evidence, and we name official contact points like tenant associations and authorities. The aim is to give you clear, results-oriented tools so you can act confidently and with legal certainty.
Rights and Duties
Tenancy law is primarily regulated in the German Civil Code (BGB)[1]. For court procedures the rules of the Code of Civil Procedure (ZPO) apply and the local courts (Amtsgerichte) are often the first instance[2]; decisions of the Federal Court of Justice (BGH) play an important role in legal questions[3].
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Key Laws and Courts
Important foundations are the BGB provisions on tenancy and defects as well as the procedure before courts. If a landlord issues a termination or eviction is threatened, the ZPO governs the steps up to enforcement and the Amtsgericht often decides as first instance.[2]
In many cases the local court decides first on tenancy disputes.
Practical Steps for Urgent Problems
- Document defects with date, description and photos.
- Set a written deadline for rectification (for example within 14 days).
- Prepare forms and letters: write a termination notice or defect notice in writing.
- Demand necessary repairs in writing and with concrete requests.
- If there is no response, consider filing a claim or applying for eviction protection at the local court.
Forms and Templates
Core forms and templates tenants should know:
- Termination letter (no unified federal form): state your name, address, lease date, reason for termination and the date; example: "Termination of the tenancy as of [date]".
- Defect notice / deadline setting: describe the defect, request remediation and set a clear deadline (e.g. 14 days).
- Court application or complaint: for eviction or protection applications the forms depend on the competent local court; inquire there about forms and procedures.
How-To
- Step 1: Document the defect and collect evidence.
- Step 2: Send a written defect notice to the landlord with a deadline.
- Step 3: Wait for a response and note deadlines.
- Step 4: Seek advice from a tenant association or legal counsel if necessary.
- Step 5: File a claim at the local court as a last resort.
FAQ
- Can I reduce the rent if the heating fails?
- Yes, for significant impairments a rent reduction may be possible; document the defect and inform the landlord in writing.
- Do I have to hand over a termination notice personally?
- A termination should be in writing; the receipt is decisive and registered mail is recommended.
- Which court is competent for tenancy disputes?
- Usually the local court (Amtsgericht); for higher values the regional court (Landgericht) and the Federal Court of Justice (BGH) may be relevant for legal questions.[3]
