Tenant Rights & BGH Deadlines in Germany

As a tenant in a German city, BGH rulings can change deadlines and formal requirements that matter for termination, rent reduction or eviction. This guide explains in plain language which documents to collect, which deadlines to observe and which official forms are required by authorities or courts. I describe concrete steps to respond to a ruling, how to calculate deadlines, submit responses correctly and secure evidence. Useful notes on filing suits at the local court (Amtsgericht), the payment order procedure and appeals to the Landgericht or BGH are included. The goal is that you as a tenant can check your rights practically and act in time. Read on for concrete templates.

Essential documents and forms

First, gather all documents that support your claim or defense: rental contract, payment records, correspondence with the landlord and previous judgments or notices. The most important legal rules are in §§ 535–580a of the BGB.^[1]

• Rental contract (copy) – shows term, rent and agreements.
• Proof of rent payments and deposit records – bank statements or receipts.
• Correspondence with the landlord – emails and letters with dates.
• Photos, defect reports and repair invoices as evidence.
• Court mail or enforcement notices – keep for deadlines.
• Common forms: payment order or complaint (see ZPO rules).

Calculating and observing deadlines

Deadlines are central: objection deadlines, appeal deadlines and eviction deadlines differ. Procedural deadlines are set by the Civil Procedure Code (ZPO); check the specific deadlines for payment orders and complaints.^[2]

• Response deadline to a complaint: typically a few weeks (practically: check the date on the service document).
• Eviction deadline after judgment: often a fixed period in the judgment or enforcement notice.
• Deadlines for rent reduction: report defects immediately and document them.

Repairs and rent reduction

For defects, inform the landlord in writing, set a deadline for remedy and, if necessary, claim rent reduction. Document defects and responses carefully; legal advice before filing a suit can be sensible. Key tenancy duties and rights are regulated in the BGB.^[1]

• Send a defect notice in writing with a deadline (e.g., 14 days to remedy).
• Secure photos and logs as evidence.
• If necessary: send a reminder and consider the payment order procedure.
• If escalated: file documents at the local court (Amtsgericht).

FAQ

Which deadlines apply after a BGH ruling?

BGH decisions can change interpretation and practice; check the ruling and any deadlines named in it and observe subsequent service and response deadlines.

Which official forms do I need as a tenant?

For payment orders and court complaints there are standard procedural rules; concrete forms can be found via justice portals and the ZPO rules.

Where do I file a complaint?

The complaint is usually filed at the local court (Amtsgericht) where the rental property is located; further instances are the Landgericht and BGH for legal questions and precedents.

How-To

1. Collect all relevant documents: rental contract, payment records, photos.
2. Draft a written defect notice and set a reasonable deadline.
3. File documents at the local court if deadlines are missed or the matter escalates.
4. Use proper payment evidence to support claims.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Decisions of the Federal Court of Justice (BGH) — bundesgerichtshof.de