Myth Check: Tenants' Rights in Germany
As a tenant in Germany you often encounter conflicting advice about apartment handovers, interim meter readings, rent reductions or obligations to pay after moving out. This article dispels common myths, briefly explains which rights and obligations apply to meter readings and handovers, and shows practical steps to secure evidence, meet deadlines and use official forms. I describe when a letter is sufficient, when a lawyer may be useful and how to prepare a proceeding before the local court. The advice is based on the relevant provisions of the BGB and the ZPO.[1][2]
What applies to interim meter readings and handovers?
At handovers, meter readings should be recorded and signed by both parties. Without a protocol, disputes about consumption or utility billing may arise later. Note the date, meter numbers and keep photos as evidence.
Under tenancy law, the landlord is obliged to maintain the contractually agreed condition; this is regulated in §§ 535–580a BGB.[1]
Important practical rules
- Document meter readings immediately on move-in and move-out (photo)
- Send termination in writing and signed (form)
- Take photos of defects and date them (photo)
- Observe deadlines for rent reductions and defect notifications (days)
If the landlord refuses the handover or does not offer a protocol, request a handover appointment in writing (by registered mail or email with read receipt) and document it yourself. Send a copy to the landlord and keep proof of receipt.
Forms and templates
There is no nationwide official form for ordinary termination of the tenancy; many tenants use a written termination letter (template). For court proceedings there are prescribed complaint forms and procedural rules under the ZPO.[2]
Examples and notes:
- Termination letter (template): Document name, address, lease date, termination date and signature; send by registered mail.
- Eviction claim / complaint: Only if return is refused or after extraordinary termination; check deadlines and the competence of the local court.
When the landlord does not cooperate
First try to reach an amicable solution: set a deadline, report defects in writing and name a deadline for remedy. If there is no response, you can consider a rent reduction or contact the local court. Local courts are generally competent for tenancy disputes; higher decisions are made by regional courts and the Federal Court of Justice.[3]
FAQ
- Who pays for the interim meter reading?
- Generally the landlord bears the cost of the reading if it is related to the apartment handover; for separate readings by a metering service, agreements may apply.
- Can I withhold the deposit if the handover is missing?
- No, the deposit serves as security; withholding without judicial basis can be legally problematic. Clarify claims in writing and document defects.
- What is the deadline for a rent reduction?
- The rent reduction applies from the time the landlord is aware of the defect or after a reasonable deadline for remedy has not been met; document the date and extent of the defect.
How-To
- Document: Photograph meter readings and defects immediately on move-in or move-out (photo).
- Written request: Ask the landlord in writing to carry out the handover or remedy defects and set a clear deadline (form).
- Contact: If necessary, contact tenant advice or the local court (call).
- Legal action: File an eviction claim or lawsuit only after consultation and if there is a realistic chance of success (court).
Key Takeaways
- Thorough documentation (photos, protocols, proof of receipt) strengthens your position as a tenant.
- Respect deadlines: immediate measures without deadlines can be risky.
- Seek advice early from tenant associations or legal counsel.
