Tenants' Rights for Window Replacement in Germany

If your landlord in Germany wants to replace windows, it affects tenants: schedule, access to the flat, possible defects and whether costs may be passed on. This guide explains tenants' rights, how to meet deadlines, how to write a defect notice and which sections of the BGB apply. Practical examples show how to respond in writing, when rent reduction may be possible and which court steps are common. The information is for tenants without legal training and helps you make decisions more confidently and avoid problems with modernization measures.

What landlords may plan and when tenants must consent

Window replacement is a modernization measure that landlords may generally carry out. Decisive are the statutory duties in the German Civil Code (BGB), in particular maintenance and upkeep duties and the obligation to notify changes to the rental property ^[1].

Access to the flat and deadlines

Landlords may not enter without notice. They must set appointments and observe reasonable deadlines; as a tenant you have a right to privacy and information.

• The landlord must send the announcement with the dates and duration of the works in good time.
• You may refuse access if there is no proper announcement.
• Document defects after installation, for example leaking or incorrectly fitted windows.

Defect notice and rent reduction

If the use of the flat is impaired, tenants can send a defect notice and possibly reduce the rent. Draft the defect notice clearly, set deadlines for remedy and keep copies. If a dispute arises, lawsuits are possible at the local court; procedural law is governed by the German Code of Civil Procedure (ZPO) ^[2] and jurisdiction is usually with the local court, appeal to the higher regional court, and revision at the Federal Court of Justice ^[3].

FAQ

Do I have to agree to the window replacement?

Formal consent is not always required, but landlords must provide full information and coordinate appointments; special rules apply to cost allocation.

Can I reduce the rent because of noise or dust?

Yes, if the usability is impaired. The amount and duration of rent reduction depend on the individual case; document the extent and duration of the defect.

Where can I go if the landlord does not respond?

Tenancy disputes are usually heard in the local court; higher instances decide at the higher regional court and the Federal Court of Justice.

How-To

1. Check the landlord's written announcement and note deadlines.
2. Photograph and log damage or dust exposure during and after the replacement.
3. Send a formal defect notice by registered mail or email with read receipt.
4. Set a reasonable deadline for rectification and notify of possible rent reduction.
5. Collect evidence; consider legal action at the local court if necessary.

Help and Support / Resources

• German Civil Code (BGB) — Gesetze im Internet
• Information on courts — Justizportal
• Federal Court of Justice (BGH) — Decisions

1. [1] German Civil Code (BGB) §§ 535–536 — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Local court, higher regional court, BGH — Jurisdiction of courts — Justizportal