Serviced Apartment: Tenants document in Germany
As a tenant in Germany, living in a serviced apartment long term can offer benefits, but issues with equipment, cleaning or ancillary costs may occur. This guide explains in practical terms how to carefully document defects, recurring disruptions or termination issues, meet deadlines and collect evidence. I describe simple steps for photo documentation, written defect notices and keeping a defect log so you can protect your rights under the BGB. The guidance is designed so non-lawyers can understand and apply it practically, including sample texts and advice on when it makes sense to seek legal help.
Why documentation matters
Documentation protects your rights as a tenant: photos, date stamps and written notifications make defects clearly visible. Without clear records it is difficult to prove deadlines or substantiations for claims. In disputes, the quality of the file often decides the outcome.
- Evidence: Clear photos and date entries help with later proof.
- Legal basis: Without written notices, deadlines are hard to prove.
- Observe deadlines: Many rights lapse if you do not act in time.
Which evidence to collect?
Collect different types of evidence and keep a central log with date, time and a brief description of each incident.
- Photos and videos with timestamps (water stains, mold, broken heating).
- All written reports to the landlord by e‑mail or letter.
- Defect log: date, time, short description and follow-up actions.
- Payment receipts for rent, utilities and repair costs.
- Witness names and contact details if neighbors or service providers can confirm incidents.
Forms, deadlines and sample texts
Use clear dated letters for written defect notifications and request a deadline for remedy. For persistent defects, a rent reduction or extraordinary termination may be considered; this relates to rules in the BGB [1]. If you go to court, the ZPO governs the procedure and form of claims [2].
Example: "I hereby notify you that since 05.03.2025 the heating in the living area has not been functioning despite repeated reports. Please remedy the defect by 12.03.2025. If you do not act within the deadline, I reserve the right to reduce the rent." Such sentences document the issue, set a concrete deadline and prepare evidence.
What to do if the landlord does not respond?
If there is no response, increase documentation: additional photos, reminder letters, possibly registered mail. Check the appropriate amount of a rent reduction and document the reduction period exactly. For ongoing problems, consider preparing documents for the local court or seeking legal advice [3].
FAQ
- Which pieces of evidence are most convincing?
- Photos with dates, e‑mails to the landlord, a continuous defect log and payment receipts are most convincing.
- How soon must I report a defect?
- Defects should be reported immediately and in writing; statutory deadlines depend on the individual case and §§ 535 ff. BGB.[1]
- When is a lawyer or court necessary?
- If the landlord does not act despite a set deadline or there are large claims, legal assistance may be sensible.
How-To
- Note date, time and a short description of the problem immediately.
- Take clear photos/videos and save files with dates.
- Send a written defect notice by e‑mail and, if necessary, by registered mail.
- Set a reasonable deadline for remediation (e.g. 7–14 days) and document the date.
- If no remedy occurs, prepare documents for the local court or for legal consultation.
Key Takeaways
- Document clearly: photos, e‑mails and defect logs are crucial.
- Set and meet deadlines to preserve your rights.
- Prefer written communication and keep copies.
Help and Support / Resources
- Gesetze im Internet (BGB, ZPO)
- Bundesgerichtshof (BGH) decisions on tenancy law
- Federal Ministry of Justice and Consumer Protection
