Retrofitting Elevators: Tenant Rights & Funding in Germany

As a tenant in an older building in Germany, you may wonder who pays for a retrofitted elevator and what rights you have. This article clearly explains which legal bases apply, which grant programs and subsidies exist, and how tenants can influence decisions of the homeowners' association. You will learn which deadlines and formalities are important, how to document defects and barriers, which forms are relevant and when a lawsuit at the local court can be sensible. We name the relevant sections of the BGB, explain the court procedure and link to official forms from the Federal Ministry of Justice.

Why an elevator matters

An elevator increases accessibility and protects tenants with mobility impairments from the risk of homelessness. Elevator solutions also improve the living quality of older people and make moving large items easier. Under tenancy law, the usability of the apartment can influence rent reduction and remediation when access is lacking.^[1]

Who pays? Financing and grants

• The homeowners' association usually bears the main costs; financing is typically decided by resolution.
• An allocation to tenants via the modernization allocation under §559 BGB is possible but legally limited and subject to review.^[1]
• Grants from the federal and state governments can provide significant subsidies; check regional programs in advance.
• There are official forms and templates for applications and resolutions, for example from the Federal Ministry of Justice.

Defects, documentation and legal steps

Documentation is crucial: photos, witnesses and a written defect log help when claiming against the landlord or the WEG. If the association or landlord does not respond, tenants can assert their rights under the BGB and, if necessary, file a lawsuit at the local court.^[1][2]

Practical preparation tips

• Create a dossier with photos, dates, witness statements and written correspondence.
• Request official minutes and resolution templates from homeowners' meetings.
• Check available grants and submit applications in time.
• Seek legal advice from state bodies before taking formal steps.

FAQ

Can the landlord pass the costs of a retrofitted elevator on to tenants?

Under certain conditions, a modernization allocation under §559 BGB can be applied, but tenants have objection rights and protection limits; check the specific resolution and calculation.^[1]

Which authority is responsible if an agreement fails?

For tenancy disputes, the local court is usually the first instance; appeals go to the regional court and possibly the Federal Court of Justice (BGH).^[2]

Which forms do I need to apply for grants or to file a lawsuit?

Forms for grant applications are provided by the respective funding agencies; sample lawsuits and legal guidance are available from the Federal Ministry of Justice.^[3]

How-To

1. Gather evidence: photos, defect logs and witness statements.
2. Request inspection of homeowners' meeting minutes and resolution drafts.
3. Check available funding and submit applications on time.
4. If negotiations fail, consider filing a lawsuit at the local court.

Help and Support / Resources

• BGB: Tenancy sections §§ 535–580a (Gesetze im Internet)
• Federal Court of Justice (BGH) – decisions and information
• Forms and templates (Federal Ministry of Justice)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Justice: Forms and templates