Rent Reduction Claims for Tenants in Germany

As a tenant in Germany, you may be entitled to a rent reduction under certain conditions if the apartment has defects or its use is significantly impaired. This article explains clearly when a rent reduction claim applies, which deadlines to observe and how to document defects. I describe practical steps: contact the landlord, formal defect notice, calculation of reduction and, if necessary, lawsuit at the local court. Relevant sections of the BGB and official forms are mentioned so you can act on a solid basis. Without legal expertise, you will receive clear guidance here on securing rights and avoiding risks. Practical examples and tips on evidentiary photos, setting deadlines and possible reduction rates help you choose the best strategy.

When does a rent reduction claim apply?

The German Civil Code regulates landlord and tenant duties, in particular §§ 535–580a.^[1] A defect exists if the agreed usability of the dwelling is impaired. Typical cases are mold, heating failure or significant noise disturbance. The decisive factors are the time of knowledge and whether the landlord had the opportunity to remedy the defect.

Defect notice and documentation

Always report defects in writing and set a reasonable deadline for remedy. Document date, time, place, scope of the defect and all contacts with the landlord. Clear evidence makes later legal steps easier.

• Written defect notice to the landlord with a clear deadline.
• Set a deadline (e.g. 14 days) and follow up by registered mail or email.
• Create photos, date stamps and a defect log with precise descriptions.
• Calculate a proportional rent reduction and only withhold if the legal basis is clear.

Forms and court steps

If defect notices are ignored, a lawsuit at the local court may become necessary; procedural rules are set out in the Code of Civil Procedure.^[2] Official forms such as the complaint form (civil action) or the online default application are available via justice portals. https://www.justiz.de A practical example: you set a 14‑day deadline, notify the landlord by registered mail and, after the deadline expires, file a complaint at the competent local court with all evidence attached.

In appeals and higher court rulings, precedents of the Federal Court of Justice can be relevant.^[3]

FAQ

When can I reduce the rent?

If the apartment's usability is impaired and the landlord does not fix the defects within a reasonable time, a rent reduction may be permitted.

How do I document defects correctly?

Take dated photos, keep a log and send a written defect notice with a deadline to the landlord.

Which court handles tenancy disputes?

The local court (Amtsgericht) is usually competent in the first instance; the regional court (Landgericht) for appeals, and the Federal Court of Justice (BGH) may rule on legal questions.

How-To

1. Document the defect with photos, dates and a clear description.
2. Send a written defect notice to the landlord and set a reasonable deadline.
3. Wait for the deadline to expire and keep proof of sending and receipt.
4. Check the legal basis for a rent reduction and calculate the appropriate share.
5. If necessary, file a complaint at the competent local court and attach all evidence.
6. For appeals, observe deadlines and formal requirements of higher instances.

Help and Support / Resources

• Gesetze im Internet (BGB)
• Bundesgerichtshof (BGH)
• Justice portals (forms)

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de