Modernization Notice: Tenant Rights in Germany
If you receive a modernization notice as a tenant, it often changes not only the apartment but possibly the rent as well. In Germany tenants have rights: landlords must state the type, scope, start and estimated costs of the work in writing and explain the cost allocation. Many tenants wonder which details to check, whether the planned measures really count as modernizations and how to object to unclear cost statements. This article explains step by step which deadlines apply, which legal bases are relevant and which evidence you should collect so you can exercise your tenant rights in Germany with confidence. Practical examples and template texts help with the review.
What is a modernization notice?
A modernization notice is the landlord's written notification that changes are planned to improve the property, save energy or use it more sustainably. The landlord must indicate the planned measures, the intended start and the expected duration, and explain how the measure will likely affect the rent. Legal bases include the BGB, especially regarding information duties and cost allocation.[1]
What information must the notice contain?
- Description of works: what exactly will be changed, e.g. new windows or heating.
- Planned start date and estimated duration of the works.
- Estimated costs and an explanation of which costs will be charged to tenants.
- Information on access rules or necessary entry appointments.
- Notes on whether and how tenants can raise objections or concerns.
How do tenants check the notice?
Check systematically: Does the description match what is actually planned? Are start and duration realistic? Are costs transparently itemized? Ask for details: request a breakdown of individual cost items and, if available, quotes or invoices for comparable work. Collect photos, correspondence and witness statements if work has already started or defects exist.
When can tenants object or sue?
An objection is useful if the notice is incomplete, costs are not plausible or the works do not match the stated purpose. If negotiations fail, a lawsuit at the competent local court may be necessary; procedures and deadlines are governed by the Code of Civil Procedure (ZPO).[2]
Competent courts and case law
Disputes about modernizations and cost allocation usually start at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and, for precedent, the Federal Court of Justice (BGH).[3]
Practical steps for tenants
- Check the notice for completeness and plausibility.
- Gather evidence: photos, tenancy agreement, past statements and correspondence.
- Formally request a detailed cost breakdown from the landlord.
- Seek advice from official bodies or consider legal counsel if amounts are high.
Key takeaways
- Tenants have statutory information rights in modernization cases.
- Always request clarification for unclear cost statements in writing.
- Good documentation increases your chances in a dispute.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
