Tenant Q&A on BGH Rulings 2025 in Germany

Tenant Associations & Advice Services 3 min read · published September 07, 2025

Many tenants in Germany face practical questions after new BGH rulings in 2025: When is a termination lawful, how is a rent reduction calculated for defects, and what deadlines apply before an eviction proceeding at the local court?[4] This guide explains the main tenant rights in plain language, shows relevant sections of the BGB[1] and procedural rules of the ZPO[2], names official sample forms[3] and describes concrete steps for repair requests, rent reduction and conduct at court hearings. The aim is to make you able to act — with checklists, deadlines and advice on when to seek legal counsel or contact the tenants' association.

What the BGH rulings 2025 mean for tenants

The Federal Court of Justice often clarifies how § 535 BGB on maintenance must be applied and what requirements exist for proof and deadlines. For tenants this means: document, notify in time and, if necessary, calculate rent reduction correctly. If the landlord does not respond, court action is possible; usually the local court (Amtsgericht) and later the regional court (Landgericht) or BGH for appeals are involved.[4]

Detailed documentation increases your chances of success in disputes.

Termination: When is it effective?

A termination can be socially justified or timely issued. Always check form, delivery and reasons of the termination. In case of doubt: file a timely objection and seek legal advice.

  • Check the termination letter for formal errors and proof of delivery.
  • Observe deadlines: objections or mitigation steps should be taken within the stated timeframe.
  • Contact your tenants' association or legal advisor early.

Example: If you receive a termination for arrears, check bank statements and request a detailed claim statement if unclear. Official termination templates are available.

Respond quickly to terminations to avoid losing rights.

Rent reduction due to defects

For impairments of usability (e.g., heating failure, mold) rent reduction may apply. Key factors are severity, duration and proof of the defect. Give the landlord a deadline to remedy and document the scope and dates of the disruption.

  • Send a written defect notice with a deadline to the landlord.
  • Collect and keep photos, dates, witness statements and correspondence.
  • Document deadlines: notification, reminder, expiry of the deadline.
  • If defects persist, calculate and withhold the rent reduction as announced.
In most cases it is advisable to set a written deadline for the landlord before withholding rent.

Forms and templates

Official sample forms help for termination letters, defect notices and statements of payments. Use only vetted templates from authorities, e.g., sample termination letters from the Federal Ministry of Justice and references to BGB sections.[3]

  • Termination letter (template) — when and how to use it: prove delivery for ordinary terminations.
  • Defect notice with a remedy deadline — describe the defect, extent and desired cure period.
  • Eviction claim: if necessary, suit filing follows ZPO rules and local jurisdiction.[2]

Court procedure and competent courts

Most rental disputes start at the local court; appeals go to the regional court and the BGH can decide on fundamental legal questions. The civil procedure code (ZPO) regulates filing, evidence and hearing deadlines.[2]

Check whether mediation or conciliation is possible before filing a lawsuit.

FAQ

Can I reduce the rent without giving the landlord a deadline?
Generally you should first give the landlord a written deadline to remedy the defect; in acute emergencies immediate reduction is possible, but document everything carefully.
What deadlines apply after a termination?
Statutory termination periods follow the BGB and depend on length of tenancy; examine the termination letter and seek legal advice if unsure.[1]
Where do I file a lawsuit?
A lawsuit is usually filed at the local court of the residence; appeals go to the regional court and the BGH rules on matters of fundamental importance.[4]

How-To

  1. Step 1: Notify the landlord in writing and set a deadline (include the date).
  2. Step 2: Gather evidence: photos, witnesses, preserved correspondence.
  3. Step 3: After the deadline, assess whether rent reduction or lawsuit is needed.
  4. Step 4: If suing, file at the competent local court or seek tenant association advice.

Key takeaways

  • Keep thorough records of defects and communications.
  • Observe and document all deadlines and reminders.
  • Use official templates for clarity and legal certainty.

Help and Support / Resources

  1. [1] Gesetze im Internet: BGB §§535–580a
  2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
  3. [3] Federal Ministry of Justice and Consumer Protection: Forms and templates
  4. [4] Federal Court of Justice: Decisions and press releases

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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