Rent Reduction for Construction in Germany 2025
What Tenants Need to Know
As a tenant in Germany, landlords have basic duties; construction work can justify a rent reduction if the habitability is significantly affected. The legal basis for landlord duties and defects is in the German Civil Code (BGB) §§ 535–536.[1] Before reducing rent, tenants should document defects, inform the landlord and set deadlines; in emergency proceedings, local courts provide timely provisional relief.[2]
What to Document
- Photos and videos of the impairment (photo).
- Record dates and times of the disturbances (date/time).
- Save all letters, messages and responses from the landlord (notice).
- Keep rent payments and receipts (rent/payment).
How to Proceed Formally
Send a defect notice to the landlord, set a reasonable deadline for remedy and document every response. If the defect persists, tenants may reduce the rent; the legal basis is found in §§ 535–536 BGB.[1] In urgent cases an emergency procedure at the local court may be required to obtain quick relief.[2] Official sample forms are available for payment orders or lawsuits.[3]
FAQ
- When can I reduce rent because of construction work?
- If the usability of the apartment is significantly restricted and the landlord does not remedy the situation in time, there is a right to reduce rent. Documentation and notifying the landlord are prerequisites.
- How fast is an emergency proceeding?
- Emergency proceedings at the local court can be decided within days to weeks, depending on urgency and evidence.
- Do I need a lawyer for a rent reduction?
- Not necessarily, but legal advice is advisable for complex cases or emergency proceedings; many courts also hear cases without a lawyer.
How-To
- Collect evidence: take photos, videos and detailed descriptions (photo).
- Notify the landlord in writing and set a deadline (notice).
- Document deadlines and prove the deadline setting (deadline/time).
- If the defect continues, announce the rent reduction in writing and calculate the amount (rent/payment).
- If necessary, start an emergency procedure at the local court and attach official forms (court).[3]
Help and Support
- BGB §§535–536 on gesetze-im-internet.de
- ZPO on gesetze-im-internet.de
- Sample civil procedure forms on justiz.de