Tenant Rights in Germany: Practical Guide for Students

As a tenant in Germany you often face questions about rent increases, repairs, utility bills or termination. This practical guide explains your rights and obligations clearly, which deadlines apply and which official forms you may need. I show how to document defects, calculate a rent reduction and when going to the local court (Amtsgericht) makes sense. Students will also find practical tips on comparing liability and household insurance aspects that matter when moving or in case of damage. At the end there are concrete action steps and links to official authorities and template letters so you can respond quickly and confidently.

Tenant Rights

Your tenancy in Germany is primarily regulated by the German Civil Code (BGB); key provisions are found in §§ 535–580a.^[1] These set out landlord duties (e.g., maintenance obligations) and tenant rights (e.g., rent reduction for defects).

Defects & Repairs

When a defect occurs: document it, inform the landlord and set a deadline for repair. If the landlord does not act, you may reduce the rent or arrange repairs yourself and claim costs back.

• Take photos and note dates (photo) — Preserve evidence with timestamps.
• Inform the landlord in writing (notice) — Send an email or registered letter describing the defect.
• Set a reasonable deadline (deadline) — For example, allow 14 days for remedy.
• Obtain estimates and repair (repair) — Act immediately for urgent hazards and document everything.

Rent Reduction

The amount of a rent reduction depends on how much the use of the property is impaired. Record start and end dates of the impairment and briefly justify the percentage figure in your letter to the landlord.

Rent Increases, Utilities & Deposit

Formal requirements apply to rent increases: written justification, comparative rents or modernization notices. For service charges, accounting deadlines must be observed. A security deposit generally may not exceed three months' rent.

• Review rent increase (rent) — Request calculation and examples of comparable apartments.
• Deadlines for utility bills (calendar) — File objections within the statutory period.
• Check deposit accounting (record) — Repayment after tenancy ends.

Termination & Eviction

Termination requires formalities and notice periods. Immediate termination without notice is only possible for serious breaches. In disputes, an eviction lawsuit may become necessary; proceedings follow the Civil Procedure Code (ZPO).^[2]

Forms and Template Letters

Use official templates for termination letters or defect notifications. A typical example: the "Model termination letter of the Federal Ministry of Justice" is used when you want to terminate with proper written notice and a signed statement.^[3] For an eviction claim you need a complaint and proof of handovers and correspondence; the competent local court (Amtsgericht) is the first instance.^[4]

If It Goes to Court

The local court (Amtsgericht) usually decides tenancy disputes at first instance. Present evidence, photos, emails and witness statements in an organized way. Consider settlement or mediation first to reduce costs.

FAQ

What should I do if mold appears in my room?

Document mold immediately, notify the landlord in writing without delay and set a deadline for remediation; act immediately if there is a health risk and consider rent reduction.

Can the landlord increase the rent without justification?

No. Any rent increase must be justified in writing and comply with legal requirements; check comparable rents and modernization notices.

How long do I have to respond to a utility bill?

Check the bill as soon as you receive it; if there are errors or questions, raise an objection within a short timeframe and request supporting documents.

How-To

1. Prepare a letter (notice) — Describe the facts clearly and in chronological order.
2. Collect evidence (record) — Include photos, dates and witnesses.
3. Set a deadline (deadline) — Specify a reasonable timeframe for remedy, e.g. 14 days.
4. Contact the landlord (call) — Inform by email and registered letter.
5. Next steps (court) — If there is no reaction, consider filing a claim at the local court.

Help and Support

• Federal Ministry of Justice and Consumer Protection
• Laws online (BGB, ZPO)
• Information on courts and jurisdictions

1. [1] German Civil Code (BGB) §§ 535–580a - Gesetze im Internet
2. [2] Civil Procedure Code (ZPO) - Gesetze im Internet
3. [3] Model termination letter and guidance - Federal Ministry of Justice and Consumer Protection
4. [4] Information on local courts (Amtsgerichte) - Justiz.de