Tenant Guide Germany: Floor Area Discrepancy in 5 Steps

Many tenants in Germany only discover after moving in that the stated floor area does not match the actual usable area. A floor area discrepancy can affect rent reduction, additional charges or claims for repayment and is especially relevant for students on tight budgets. This article explains in clear steps how to check your rights as a tenant, collect evidence, write formal letters correctly and when a local court may need to be involved. The guide includes a practical checklist, sample documents and tips on how to proceed without a lawyer. The aim is to give you legally sound, understandable and actionable steps for Germany so you can reach a quick and cost-effective solution. See the footnotes for official forms and court information.

What is a floor area discrepancy?

A floor area discrepancy exists when the contractually stated floor area differs from the actually usable area. This can be caused by incorrect measurement allocation, uncounted roof slopes or unmentioned common areas. For tenants this can be financially relevant because the basis for rent or service charges changes and rent reduction or claims for repayment may be possible. Legal rules on landlord and tenant obligations can be found in the BGB^[1].

5 Steps to Success

1. Measure and document precisely: Measure all rooms, record dimensions, take photos of the floor plan and mark areas that do not count as living space.
2. Letter to the landlord: Send a factual defect notice with measurement protocol and a deadline for clarification or correction.
3. Observe deadlines and responses: Set reasonable deadlines (e.g. 14 days) for a statement; document every reply.
Keep all measurement records and photos stored securely.
4. Consider court action: If the landlord does not respond, prepare a claim at the competent local court or use extrajudicial conciliation bodies.
5. Document outcomes and costs: Record rent reductions, repayments and receipts for possible reimbursement or offset against service charges.

Forms and templates

There are no uniform nationwide official template letters mandated by the state, but important templates and guidance can be found on justice portals and in statutory texts. Examples of useful documents:

• Filing a complaint (statement of claim) under the ZPO – use the local court for filing, attach the measurement protocol and state your claim clearly (e.g. rent reduction from date X).
• Documentation folder – create an organized folder with tenancy agreement, photos, measurement protocol and all letters to the landlord; include a table of contents.

How-to

1. Measure the rooms with a tape measure or laser, create a protocol and photograph all relevant areas.
2. Write a defect notice to the landlord with a deadline and attach the measurement protocol.
3. Wait for the given deadline; if no satisfactory response is received, prepare the evidence for submission.
4. If necessary, file a claim at the competent local court or consider mediation.
5. Document the outcome: record rent reductions, repayments and receipts; keep deadlines for possible appeals in mind.

Frequently Asked Questions

Can I reduce the rent because of a floor area discrepancy?

Yes, if the discrepancy reduces usability, a rent reduction may be possible; the basis is the circumstances of the individual case and the provisions in the BGB^[1].

How long do I have to file a claim?

Limitation periods and procedural deadlines are governed by the ZPO; for civil claims regular limitation periods apply, so check the exact deadline early.

Do I need a lawyer as a student?

Not always; for dispute values up to certain amounts it is possible to go to the local court without a lawyer, but advice can still be useful; information on court jurisdiction is available at the justice portal^[3].

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Justizportal des Bundes — Information on local courts

1. [1] §§ 535–580a BGB — Bürgerliches Gesetzbuch (Gesetze im Internet)
2. [2] ZPO — Zivilprozessordnung (Gesetze im Internet)
3. [3] Local court jurisdiction — Justizportal des Bundes