Tenant Rights: Living-Area Deviations 2025 in Germany
Many tenants in Germany notice that the living area stated in the lease differs from the actually measured area. Such living-area deviations can be used by tenants to check whether too much rent was charged or whether a rent reduction is possible. This article explains clearly how deviations are calculated, which legal bases under the BGB apply, and which practical steps you should take. You will receive a checklist, guidance on official forms and deadlines, and examples of how to document errors and assert claims. The goal is to provide you as a tenant with clear action steps so you can enforce your rights more confidently in Germany.
What is a living-area deviation?
A living-area deviation occurs when the actual usable area of an apartment differs from the area stated in the lease. Small measurement errors are normal; for larger differences a check is advisable, because deviations can indicate incorrect contractual information or measurement errors. Tenants' claims are legally based on the principles of tenancy law in the BGB.[1]
How is living area calculated?
In Germany, living area is usually determined according to the Living Area Ordinance (WoFlV) or agreed contractual rules. Important points are whether balconies, sloping ceilings or cellars are included and which reduction factors apply.
- Document measurements with photos and a sketch.
- Calculate the living area according to the Living Area Ordinance (WoFlV) and the lease terms.
- Check whether too much rent was charged due to the deviation.
- Prepare an informal letter to the landlord and set a deadline for a response.
What rights do tenants have?
Under the BGB, tenants are entitled to use the rental property as agreed; if the actual living area differs significantly, claims for rent reduction or reimbursement of overpaid rent may exist.[1] Often a written request to the landlord is helpful; if this does not work, the local Amtsgericht (court) is responsible, since most tenancy disputes are heard there.[3]
- Consideration of rent reduction for significant area deviation and possible reimbursement of overpaid rent.
- Written request to the landlord with a deadline and copies of evidence (photos, sketch, calculation).
- Filing a claim at the competent Amtsgericht if an out-of-court agreement is not possible.[3]
Practical checklist
- Compare the contractually stated living area with your measurement.
- Collect photos, measurement results and witness statements as evidence.
- Draft a letter to the landlord and request a response within a deadline.
- Set a clear deadline (e.g. 14 days) for an answer and correction.
- Calculate possible reimbursement and document payment records.
- Prepare documentation for the Amtsgericht if court action becomes necessary.[3]
How-To
- Document: Measure all rooms, create a sketch and photograph relevant areas.
- Formalize: Send an informal letter to the landlord with your calculation and evidence.
- Deadline: Specify a clear deadline for a response and correction.
- If necessary, file a claim at the competent Amtsgericht and attach all evidence.[3]
Frequently Asked Questions
- When can I reduce the rent?
- If the deviation in living area is significant and affects the usability of the apartment, a rent reduction may be possible; check the amount and period carefully and document everything.[1]
- Are there official template forms or examples?
- For general procedural steps and forms, official pages of the Federal Ministry of Justice provide guidance and templates; individual letters to the landlord are usually informal but should be documented.[2]
- Which court is competent?
- The local Amtsgericht is competent for most tenancy disputes; appeals go to the Landgericht and possibly to the Federal Court of Justice (BGH).[3]
