Tenant Rights in Germany: BGH Rulings & Guide
Many tenants in Germany face complex rental disputes: termination, rent reduction or outstanding repairs. This guide explains in practical terms how BGH rulings and complete documentation can help you enforce your rights. I show which proofs are important, which local courts are responsible and which sections of the BGB[1] and the ZPO[2] are often decisive. You will receive concrete action steps on how to report defects, observe deadlines and find the appropriate forms[4]. The language remains clear and understandable so that you can assess when tenant associations or the local court should be involved. At the end you will find an FAQ, a how-to and official contacts.
What belongs in complete documentation?
Complete files are often the key to success: dates, photos, defect reports, correspondence with the landlord, rent payment receipts and, if applicable, expert reports. BGH rulings can also influence the assessment of defects or terminations.[3]
Practical checklist
- Check deadlines (deadline): Note termination dates and objection deadlines.
- Collect documents: photos, emails, repair reports and receipts.
- Write a defect notice (form): Send a dated written defect notice to the landlord.
- Record repair needs (repair): Describe damages and effects on habitability.
If you sort the documents properly, your chances increase in negotiations or in court. Submit copies and keep originals.
In case of termination or eviction
First check the validity of the termination and the deadlines. For many rental law questions, §§ 535–580a BGB are relevant; for lawsuits the ZPO rules apply.[1][2] Important steps include timely defense, collecting evidence and, if necessary, filing a lawsuit at the competent local court.
- Meet deadlines (deadline): Respond within the specified time.
- Prepare the lawsuit filing (court): Prepare a lawsuit with complete attachments for the local court.
- Seek advice (contact): Contact tenant associations for templates and advice.
Repairs, rent reduction and conduct for defects
In case of significant impairment of living quality, a rent reduction may be justified. Report defects in writing and give the landlord a reasonable period to remedy them. Continue to document all consequences (e.g., higher heating costs, mold). The amount of rent reduction depends on the circumstances of the individual case and relevant case law.[3]
- Send defect notice (form): Describe the defect, period and request for remedy.
- Document repair appointments (repair): Note dates, contractor reports and damages.
- Check rent reduction (rent): Calculate the percentage impairment and record amounts.
FAQ
- What do I do if the landlord does not repair?
- Send a dated defect notice, set a deadline and keep copies; if there is no reaction you can reduce the rent or consider filing a lawsuit.[1]
- Can BGH rulings affect my situation?
- Yes. BGH decisions create precedents that are considered in comparable situations before local courts.[3]
- Where do I file a lawsuit?
- Lawsuits in tenancy law are usually filed at the local Amtsgericht; procedural questions are governed by the ZPO.[2]
How-To
- Check deadlines (deadline): Read the termination carefully and note deadlines.
- Collect documents (record): Gather photos, emails, receipts and previous defect notices.
- Create form/letter (form): Use templates for defect notices or lawsuit filing and attach documents.[4]
- File at the local court (court): File the lawsuit with the complete file or be represented.
Key Takeaways
- Good documentation often matters more than emotions in disputes.
- Deadlines and formal requirements often determine the success of legal steps.
