Tenant Rights in Germany: BGH Rulings 2025

As a tenant in Germany you often face questions about rent reduction, modernizations, termination or repairs. This article briefly explains important BGH decisions 2025, relevant sections of the BGB (§§ 535–580a)^[1] and practical application before local and regional courts^[3]. You will receive clear steps for documenting defects, guidance on deadlines and official forms, plus examples of termination letters and objections. The goal is to give you understandable orientation so you can exercise your rights more confidently and resolve disputes with landlords more effectively. Language is simple, legal terms are explained, and verified sources from German court and authority websites are linked.

BGH Rulings & Legal Basics

The Federal Court of Justice (Bundesgerichtshof, BGH) decides on fundamental issues in tenancy law and shapes how the BGB provisions are interpreted. Important 2025 rulings cover the distinction between maintenance and modernization, calculation of rent reductions, and formal requirements for terminations^[2]. Such rulings assist local and regional courts in applying the law in practice.

Common Disputes and Practical Steps

Rent reduction for defects

If heating, mold or water pipes are affected, proceed step by step: document, inform the landlord, set a deadline and, if necessary, implement a proportional rent reduction or seek judicial clarification.

• Documents (evidence): Take photos, keep correspondence and create a defect log.
• Defect notice (form): Send a written notice to the landlord with a deadline for remedy.
• Deadlines (deadline): After the deadline, check whether the defect was fixed and, if necessary, enforce a rent reduction.

Termination and eviction

Terminations must be formally correct and include deadlines and reasons. Stronger rules apply for personal use (Eigenbedarf) or arrears. If an eviction lawsuit occurs, the local court is the first instance; appeals go to the regional court and, if applicable, to the BGH.

Repairs and cosmetic repairs

The landlord generally bears the duty to maintain the property, meaning costs for structural repairs. Contractual cosmetic repair clauses can be valid but are often limited by courts if they unreasonably disadvantage the tenant.

Forms and Templates (official)

Important official forms and templates you should know:

• Termination letter template from the Federal Ministry of Justice — for formally correct terminations by landlord or tenant.
• Defect notice / protocol templates — use a concise protocol with date, description and photos.
• Forms for filing a lawsuit at the local court — required if an amicable solution is not possible.

Example: A tenant notices mold. They take photos, send a written defect notice with a two-week deadline and do not immediately withhold rent; they may indicate a planned proportional rent reduction if no repair occurs.

FAQ

When can I reduce rent?

You can reduce rent if a significant defect limits usability. Document the defect, inform the landlord in writing and specify a deadline for repair.

How long does the landlord have to repair?

An appropriate deadline depends on the defect: heating failure in winter requires a very short deadline, minor defects allow longer time; set a clear deadline (e.g. 14 days).

Where do I turn to in case of an eviction lawsuit?

Eviction lawsuits are filed at the competent local court. If needed, the local court or a tenants' association can help prepare the documents.

How-To

1. Step 1 (evidence): Document the defect with date, photos and names of witnesses.
2. Step 2 (form): Send a written defect notice to the landlord and set a deadline (e.g. 14 days).
3. Step 3 (deadline): Let the deadline pass and document again whether the defect was remedied.
4. Step 4 (rent): Calculate a proportional rent reduction for significant impairment and inform the landlord.
5. Step 5 (court): If necessary, file a lawsuit at the local court and include all documents and photos.

Key Takeaways

• Good documentation strengthens your position in any dispute.
• Observe deadlines carefully, especially for terminations and defect notices.

Help and Support / Resources

• Bundesgerichtshof (BGH) — case law and decisions
• Gesetze im Internet — BGB and relevant sections
• Justizportal — information on local courts

1. [1] Bürgerliches Gesetzbuch (BGB), §535 – 580a — gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) — bundesgerichtshof.de
3. [3] Justizportal — justiz.de