Rent Reduction Rights for Tenants in Germany

As a tenant in Germany, you have rights to rent reduction when significant housing defects occur. This guide explains clearly when a rent reduction claim applies, how to document defects, which deadlines apply, and which forms or courts are responsible. You will receive practical steps for communicating with the landlord, guidance on setting deadlines, and an explanation of when a lawsuit at the local court may be necessary. The guidance is written so it can be used without legal expertise and refers to central statutory provisions in the BGB.^[1] At the end you will find a simple how-to with concrete steps and an FAQ section as well as links to official bodies such as the Federal Court of Justice.^[2]

What is a rent reduction claim?

A rent reduction claim means that rent can be reduced wholly or partially as long as the usability of the apartment is impaired by defects. The legal basis is the provisions in the BGB on landlord obligations and rent reduction. The decisive factor is the extent of the impairment to the living value and how quickly the landlord can remedy the defect.

When can tenants reduce the rent?

• Collect evidence (evidence): Photos, precise defect description, date, repair requests and names of witnesses.
• Inform the landlord in writing (notice): Describe the damage, set a deadline and request remediation; keep proof (e.g. registered mail).
• Set a deadline (deadline): Specify a reasonable cure period, e.g. 14 days, and document possible follow-up steps.
• Reduce the rent (rent): Calculate the percentage reduction and communicate it in writing; pay only the reduced amount if appropriate.
• Consider legal action (court): If the landlord does not respond, a lawsuit at the local court may be necessary; find out about procedures and costs.

Forms and competent authorities

There is no single "rent reduction form number" for litigation, but the Code of Civil Procedure (ZPO) and the local courts regulate the procedure. Filing a lawsuit at the local court is usually done in writing or electronically via the competent court. Court portals and the Federal Ministry of Justice provide information on forms and procedures.^[3]

Practical examples

Example 1: Heating failure in winter – take photos immediately, inform the landlord in writing (notice) and set a 7–14 day deadline (deadline). Documentation is decisive if rent reduction is later asserted. Example 2: Mold infestation – report defects in writing, set a deadline and secure medical records if there are health effects.

FAQ

When does the rent reduction start?

The rent reduction generally begins from the time the landlord knows or should have known about the defect and the impairment of use exists.

Can I simply withhold rent?

No general withholding: Instead, the reduction should be declared in writing or you should seek legal advice; unlawful withholding can lead to claims or termination.

How-To

1. Collect evidence (evidence): Take photos, timestamped records, written defect lists and witness notes.
2. Send written defect notice (notice): Demand remediation with a deadline and threaten rent reduction.
3. Wait for the deadline (deadline): Document the set cure period and check the landlord's response.
4. Calculate the reduction (rent): Justify the percentage of reduction and inform the landlord in writing.
5. Legal steps (court): If the defect persists, consider filing a claim at the competent local court.

Help and Support / Resources

• BGB §536 – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Information and Forms

1. [1] BGB §536 – Gesetze im Internet
2. [2] Bundesgerichtshof – BGH
3. [3] Bundesministerium der Justiz – BMJ