Tenant Rights for Modernisation in Germany

Modernisations in student halls can cause uncertainty for tenants, especially when the provider's rules, shared-flat agreements or special rental contracts apply. In Germany tenants have clear rights and obligations: they must review modernisation notices, meet deadlines and assess possible rent increases or changes to living space legally. This guide explains in plain language which steps you as a tenant can take, how to use official forms and when a rent reduction or lawsuit makes sense. Practical examples and deadline tips help to avoid conflicts with landlords or hall management and protect your housing situation during and after construction work. Read which notice periods apply, how costs are allocated, and which sample letters or legal steps are possible. In cases of major interventions you can seek advice and, if necessary, sue at the local court.

What tenants should consider with modernisations

Before a modernisation begins, the landlord must announce and justify the measure. Check the announcement in writing and document the condition and scope of the work. As a tenant you are entitled to information about the duration, type of work and possible rent increases. Legal bases can be found in the Civil Code (BGB), for example on duties and maintenance^[1] and specific rules on modernisation and cost allocation^[2].

Typical rights and obligations

• You must be informed in time and check notice periods.
• Rent reductions may be possible in case of impairments.
• Only legally eligible costs may be passed on to tenants.
• Changes to common rooms or furnishings often follow special house rules.

Announcement and deadlines

The announcement must state the type, scope, start and expected duration of the works. Pay attention to deadlines and objection options; missed deadlines can limit your rights. Document disturbances, noise and restrictions with date, time and photos.

Rent increase after modernisation

After a modernisation the landlord may under certain conditions raise the rent. Check the calculation carefully: only eligible costs may be allocated, and there are caps and deadlines. If unclear, request an explanation in writing and keep all responses.

Practical steps: communication and evidence

1. Read the announcement carefully and note key dates.
2. Create photo documentation: before-and-after images and records of impairments.
3. Send a formal defect notice or enquiry to the landlord.
4. Request a cost breakdown and review the legal basis.
5. If no agreement is reached: seek advice and consider filing a claim at the competent local court.

Frequently Asked Questions

Who decides in a dispute over a modernisation measure?

In disputes, the local court often makes the initial decision; legal matters can be resolved in court and further appealed to higher instances.^[3]

Can landlords simply remove rooms or merge rooms in student halls?

Such interventions require legal review: measures that substantially restrict use are not freely permissible and may justify objections and enforcement actions.

Which forms do I need for a rent reduction or lawsuit?

A lawsuit requires a complaint form; templates and information are available from the competent courts. For a rent reduction, a written defect notice is usually sufficient initially.

How-To

1. Read the modernisation notice and mark important deadlines.
2. Create a photographic record: before-and-after pictures and impairments.
3. Send a formal defect notification or enquiry to the landlord.
4. Request a cost statement and check the legal basis.
5. If no resolution: get advice and consider court action at the local court.

Key takeaways

• Document all notices, damages and communications carefully.
• Use written notifications and keep copies of all correspondence.

Help and Support

• Gesetze im Internet – Statutes and sections on tenancy law
• Justice Portal – Guidance on forms and courts
• Federal Court of Justice – Case law and decisions

1. [1] §535 BGB – Duties of the landlord
2. [2] §559 BGB – Modernisation measures
3. [3] ZPO – Code of Civil Procedure (court proceedings)
4. [4] Federal Court of Justice – Decisions and case law