Tenant Practice in Germany: BGH Cases & Templates
As a tenant in Germany, you often face complex questions: rent reduction, termination, rent increases or claims for repairs. This practical guide explains important BGH rulings in plain language and shows how you can respond legally. We provide concrete template letters, formal steps and tips on evidence collection, deadlines and court procedures. The goal is that you can enforce your rights transparently and avoid escalation. The guidance refers to relevant tenancy law in the BGB and to procedural issues before local courts and higher courts.[1][2] At the end you will find an FAQ, a step-by-step guide for submitting letters and official links to forms and authorities so you can act quickly. If needed, we also show how to involve tenant associations effectively.
BGH Rulings and Practical Cases
The Federal Court of Justice (BGH) shapes tenancy law through decisions on disputes such as rent reductions, service charge accounting or protection against termination. Many rulings provide orientation for complex conflicts, e.g. on tenant freedom of movement, heating cost disputes or evidence in moisture damage cases.[3] Read summaries of decisions and check whether a case is similar before initiating formal steps.
Decisions of the BGH often help to clarify unclear legal situations in practice.
Concrete Steps for Tenants
If a problem arises, a clear sequence helps: document, notify in writing, set a deadline and seek legal help if necessary. The following core steps are practical and immediately applicable.
- Collect photos, logs and other documents as evidence.
- Send a written defect notice or use a template form to the landlord.
- Set a reasonable deadline for remedying the defect and document deadlines.
- Check rent reduction (rent) for justified defects and, if necessary, make proportional payments.
- Observe dates and court preparation in case of eviction or lawsuit (court).
- Contact tenant associations or advisory centers (help) and, if necessary, grant a power of attorney.
Respond promptly to deadlines, otherwise you may lose rights.
Template and Official Forms
Important official forms and guidance for tenants:
- Termination letter (template guidance from the Federal Ministry of Justice): use the guidance to draft a legally secure termination. Example: written, signed termination including addresses and date.
- Application for legal aid (PKH): if you need legal support, PKH can cover court costs; example: file an application at the local court in case of eviction proceedings.
- Application for initial legal advice (Beratungshilfe): short-term legal consultation useful before drafting a claim or objection.
Find concrete links to laws and form guidance in the official sources below.[4]
FAQ
- When can I reduce the rent?
- You can reduce the rent if the apartment has a defect that impairs its usability. Document defect and time, send a defect notice and specify a deadline for remedy.
- How do I defend against an eviction?
- Check the reason and deadlines for the termination, file an objection if appropriate and seek advice. Submit relevant evidence together with a statement.
- Which deadlines matter?
- Pay attention to statutory notice periods, deadlines for remedying defects and court dates; respond in writing within the set deadlines.
How-To
- Document: take photos, note dates and name witnesses.
- Write: send defect notice by registered mail or email with confirmation of receipt.
- Set deadline: typical cure periods are 14 to 30 days depending on the severity of the defect.
- Legal review: calculate rent reduction and seek legal support if necessary.
- Court steps: file claims or statements timely at the local court.
