Prepare Tenant Consultation in Germany
What to bring to the first consultation?
Bring the following documents; they help to present the facts clearly. Relevant legal bases can be found in the BGB §§ 535–580a.[1]
- Lease agreement including annexes and amendments.
- Handover protocol with defect descriptions.
- Photos with date stamps of defects.
- Correspondence with the landlord (emails, letters).
- Operating cost statements and proof of payment.
- Medical certificates or expert reports if housing defects affect health.
Procedure and important deadlines
For legal actions or objections, deadlines from the ZPO apply; for eviction suits and filing of actions you should check applicable deadlines.[2]
- Check notice periods and note deadlines in the lease.
- Report defects in writing and set a reasonable deadline for remedy.
- In case of payment arrears: keep payment receipts and document payment requests.
- Observe deadlines for rent reduction and record the justification for the reduction.
Official forms and templates
Use official templates, for example the sample termination letters of the Federal Ministry of Justice. BMJ For complaint filings you can find guidance in civil procedure forms of the justice portals.
- Termination letter (tenant/landlord) – sample text for timely termination.
- Letter for notifying defects with deadline – concise and dated.
- Evidence checklist: photos, protocols, witness statements.
Jurisdiction and next steps
Tenancy disputes are usually heard at the local court (Amtsgericht); appeals go to the regional court (Landgericht) and the Federal Court of Justice decides on highest-level precedent.[3]
FAQ
- Can I reduce the rent if the heating fails?
- Yes, tenants can reduce the rent if the usability is restricted; report the defect in writing and set a deadline for remedy.[1]
- How long is the notice period for tenants?
- The statutory notice period for tenants is generally three months, unless the lease contains a different provision.
- Who decides on an eviction suit?
- Eviction suits are heard by the competent local court; consider out-of-court settlement options beforehand.
How-To
- Gather the lease, protocols, photos and proof of payment.
- Document defects with dates and witnesses where possible.
- Write a short defect notice with a deadline and send it with proof of delivery.
- Use the first consultation at a tenant association or advice center with all documents.
- Note recommendations from the consultation and actively track deadlines afterwards.
Help and Support / Resources
- BGB §§ 535–580a (Gesetze im Internet)
- Federal Ministry of Justice (BMJ)
- Federal Court of Justice (BGH)