Tenant Rights for Repairs in Germany
What to do about construction work in the building?
Many tenants in Germany face the question of how to respond to construction work that reduces living quality. Act systematically: document defects, notify in writing and check your rights to rent reduction or an emergency procedure at the local court. Specific deadlines and procedural rules are found in the BGB and the ZPO.[1][2]
Documentation and evidence
Good evidence increases your chances of success. Collect clear photos, logs and written communication.
- Take photos with date and time and back them up in multiple places.
- Keep a defect log: record date, time, duration, noise or dust exposure.
- Inform the landlord in writing by registered mail or email with delivery confirmation.
- Notify craftsmen or property management immediately if damage (e.g. water, heating) is imminent.
Rights: Rent reduction and emergency procedures
For significant impairments, rent reduction may be considered; the legal basis are the landlord's obligations in the BGB.[1] If there are immediate risks or deadlines are not met, an emergency procedure at the local court may be appropriate; the civil procedural rules are in the ZPO.[2]
If the landlord does not respond
If there is no response, the next steps are usually to plan court or extrajudicial measures.
- Set a deadline: send a written defect notice with a reasonable grace period.
- Monitor deadlines: document whether anything changes within the period.
- If delay continues, consider filing a lawsuit or request for interim relief at the local court.
- Prepare court documents: photos, logs, correspondence and witness statements.
FAQ
- When can I reduce the rent?
- You may reduce rent if the usability of the apartment is significantly impaired; the amount depends on the individual case and must be documented.
- How do I best document construction work and damage?
- Take dated photos, keep a log and send a written defect notice to the landlord.
- When is an emergency procedure appropriate?
- If there are immediate safety risks, imminent homelessness or missed deadlines and immediate court protection is required.
How-To
- Immediately take photos and create a short defect log.
- Inform the landlord in writing and set a clear deadline.
- Watch deadlines: respond within the set period or document lack of response.
- If no solution, consider interim relief or lawsuit at the local court and prepare documents.
- Submit evidence in an organized way and name witnesses or experts if necessary.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Decisions and information
