Tenant Rights: Mail & Parcel Delivery in Germany
Legal framework
For tenants in Germany, the Civil Code (BGB) regulates basic obligations of landlords and tenants, especially regarding maintenance and use of the rental property (Sections 535–580a BGB)[1]. Procedural issues for lawsuits and eviction are governed by the Civil Procedure Code (ZPO)[2]. These legal bases determine when landlords may request access, who is liable for lost or damaged deliveries, and what obligations exist for disruptions to mail and parcel services.
Practical rules for delivery
Practical rules help avoid disputes: who bears responsibility, how neighbors or proxy recipients can be used, and what agreements in house rules are possible.
- Door access only after notice (entry): Landlords and couriers need a legitimate reason and must respect reasonable times.
- Report damage immediately (repair): Document damage with photos and dates.
- Clarify liability for loss (rent): Check whether the carrier, landlord or shipper is responsible.
Forms and templates
Official forms and sample letters help to assert claims correctly. Examples:
- Termination letter template from BMJ (Kündigungsschreiben Muster) — if a contractual disturbance is permanent, tenants or landlords send a formal termination letter; state date, parties and reason clearly.
- Receipt and damage report to the carrier (form) — send a written damage report within a few days with photos and proof of delivery.
Practical steps for problems
If a delivery is missing or damaged: keep receipts, inform landlord and carrier in writing and request written confirmations. If problems persist, a report to the local court may be a last resort.
- Collect evidence (evidence): Keep delivery notes, photos and emails.
- Seek contact (contact): First contact the carrier, then the landlord.
- Consider court action (court): For ongoing disputes, consider filing at the local court.
FAQ
- Who is liable if a parcel disappears in my building?
- Liability depends on the contractual party: check shipping confirmation, carrier terms and whether a proxy was authorized; landlord duties may result in shared responsibility.
- May a landlord open the door without permission to accept packages?
- No, access without agreement is only allowed in emergencies; otherwise the landlord needs a legal basis or your consent.
- How do I file a rent reduction due to failure of mail or parcel delivery?
- Document the failure, request remedy in writing and, after a reasonable period, consider a rent reduction or further steps under the BGB rules.
How-To
- Document the problem with photos and proof of delivery (evidence).
- Contact the carrier and request a written statement (contact).
- Send a formal letter to landlord and carrier describing the damage or missing delivery (form).
- If unresolved, consider complaint or lawsuit at the local court (court).
Help and Support
- Civil Code (BGB) – Gesetze im Internet
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Federal Court of Justice (BGH)