Resolve Tenant Conflicts Fairly in Germany
Practical steps for resolving disputes
Always start with calm communication. Written notices create clarity: briefly describe the problem, set a deadline and ask for confirmation. Many disputes can be solved this way without legal action.
- Make contact: first speak or write to the landlord and document dates and contents.
- Gather evidence: secure photos, defect logs and messages and keep them organized.
- Report repairs: notify defects in writing, set a deadline and document response times.
- Check formal steps: if the defect persists, send a warning or defect notice and consider rent reduction.
When legal steps are necessary
Sometimes only a court helps. Termination rules, landlord duties and rent reduction are regulated by law (§§ 535–580a BGB)[1]. For eviction suits the rules of civil procedure apply (ZPO)[2]. Usually the local court (Amtsgericht) decides tenancy disputes; eviction suits are handled there as well[3].
- Eviction: check the reason and seek legal advice quickly.
- Observe deadlines: many steps are time-bound; do not act too late.
- Check costs: some measures can trigger attorney or court fees; weigh pros and cons.
What to do about defects and repairs
For defects: report immediately, set a deadline and document everything. If the landlord does not react, rent reduction or damages may be options. State clearly what is wrong, the deadline you set and which consequence you will take (e.g., contact the authority or reduce rent).
FAQ
- Can I reduce the rent if the heating fails in winter?
- Yes, in principle a rent reduction is possible if the use of the apartment is significantly impaired. Document the duration and extent of the defect and inform the landlord in writing.
- What if I receive an unjustified termination threat?
- Check the letter carefully, respond in writing and within a short deadline. If in doubt, seek legal advice and file an objection if necessary.
- Who decides if landlord and tenant cannot agree?
- The local court (Amtsgericht) is generally responsible in the first instance for most tenancy disputes, including eviction suits.
How-To
- Document: photograph damage and save all messages and receipts.
- Written defect notice: provide a clear description, set a reasonable deadline and request confirmation.
- Keep deadlines: note the date of notification and monitor deadlines.
- Next steps: if the landlord does not respond, consider rent reduction, mediation or suing at the local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Court information and decisions