Serviced Apartments Long-Term: Tenants in Germany
Many tenants in Germany choose a serviced apartment when they stay longer for work or seek flexible housing. Long-term contracts differ from standard tenancies through services like cleaning or flat-rate utilities. This article explains tenants' rights and obligations, how fair cost distribution works, and when rent reduction or termination is possible. I describe concrete examples, list important deadlines and show how to use official forms to assert claims. I explain how to report defects, which deadlines apply and how the local court decides in rental disputes. At the end you will find a step-by-step guide and official sources from laws and courts.
Rights and Obligations
As a tenant under the German Civil Code, you have obligations to pay rent and the landlord has duties to maintain the dwelling.[1] For serviced apartments, contractual additional services (cleaning, laundry, internet) can be part of the rent; therefore always check the rental agreement for exact service and cost descriptions.
Cost allocation: what is typically agreed
- Clarify whether monthly rent includes or excludes utilities.
- Specify costs for cleaning or service provisions in the contract.
- Record flat rates and billing intervals in writing.
Cost allocation & examples
Example A: Landlord charges a service fee of €150 monthly; check whether services are regularly provided and can be evidenced. Example B: Utilities are billed separately, but heating is flat-rate – request transparent statements and receipts.
Defects, rent reduction and forms
Report defects in writing and set a reasonable deadline for remedy. For legal steps, the rules of the Code of Civil Procedure are relevant and often necessary if the landlord does not respond.[2]
Important forms and procedures (where to find):
- Letter for defect notification (written, with deadline) – example: precise defect description, requested deadline, request for confirmation.
- Application for payment reminder or commencement of debt collection for outstanding refunds or utility claims.
Termination and court action
For contract termination, the agreed notice periods apply; if not specified, statutory notice periods apply. For eviction suits and court disputes, the local court (Amtsgericht) is usually responsible; appeals go to the regional court, and the Federal Court of Justice issues higher precedents.[3][4]
FAQ
- Can I reduce the rent if the service is not provided?
- Yes, if an essential contractual service is missing, a rent reduction can be justified; document the quality and duration of the defect and announce the reduction in writing.
- Who is responsible for rental disputes?
- The local district court is generally responsible in the first instance; for legal bases see the Code of Civil Procedure and the competent courts.[2]
- Which deadlines must I observe?
- Notice periods are in the rental agreement or the BGB; for lawsuits the deadlines of the Code of Civil Procedure apply. Check deadlines immediately upon receiving any letter.
How-To
- Document defects with date-stamped photos and a precise description.
- Send a formal defect notification to the landlord with a deadline and proof of delivery.
- Set a reasonable deadline (e.g., 14 days) and then review next steps.
- Calculate a rent reduction if applicable based on duration and severity of impairment.
- If there is no response, file a claim at the local court or use the debt-collection procedure.
Help and Support / Resources
- Bürgerliches Gesetzbuch §§535–580a (Gesetze im Internet)
- Information on courts and procedures (justiz.de)
- Federal Court of Justice (BGH)