Long-term Serviced Apartments: Tenant Rights Germany
Many tenants in Germany today consider long-term serviced apartments as an alternative to a traditional rental. The rights of tenants often vary depending on the contract: is it a rental agreement under the German Civil Code (BGB) or a time-limited hotel-style service contract? For long-term stays in 2025, clear rules on rental duration, security deposit, utilities, maintenance and notice periods are especially important. This article explains in practical terms what landlords must do, what protections tenants can assert and how to act in cases of defects, arrears or termination. You will also find concrete action steps, useful forms and guidance on which court is responsible so you can assert your rights in Germany confidently and clearly.
What does "long-term" mean for serviced apartments?
Landlords and tenants sometimes speak of short-term or long-term contracts for serviced apartments. Legally it depends on whether a rental agreement under the German Civil Code (BGB) was concluded or whether it is a commercial service contract. Key points are contract duration, notice periods and whether utilities, cleaning and services are agreed separately. If in doubt, review the contract clauses and ask the landlord for clarification.[1]
Lease and contract types
Check whether your contract qualifies as a rental agreement or a service contract. Important aspects are fixed-term clauses, subletting, included services and who is responsible for maintenance and repairs.
- Review the contract (form): Clarify duration, notice periods and included services.
- Secure the deposit (deposit): Check agreed amount and repayment terms.
- Check fixed-term clauses and deadlines (deadline): Early termination or extension only with clear rules.
Rent payments, utilities and increases
Payment modalities for rent and utilities must be contractually defined. Note which services are included in the rent (e.g. cleaning, internet) and how utility costs are billed.
- Check written notices (notice): Any rent increase or additional charge should be in writing.
- Observe deadlines (deadline): If you object, meet deadlines or the increase may be deemed accepted.
- Request evidence (record): Ask for utility statements and supporting documents for review.
Defects, rent reduction and repairs
If a defect occurs (e.g. heating failure, mold), notify the landlord immediately in writing and give a reasonable deadline for remedy. Document defects with photos and witnesses. In many cases a rent reduction is possible if the living quality is impaired. Disputes are often decided by the local court.[2]
- Document with photos (record): Note date, time and description.
- Notify in writing (notice): Describe the defect precisely and set a deadline.
- Set a deadline (deadline): Commonly 14 days, shorter or longer depending on the defect.
Termination and eviction
For long-term contracts the statutory notice periods of the BGB apply unless the contract states otherwise. Extraordinary termination is only possible for serious reasons. If eviction occurs, the local court is usually responsible; eviction proceedings follow the rules of the Code of Civil Procedure.
- Check notice periods (deadline): Ordinary terminations have set deadlines.
- Respond to eviction claims (eviction): Meet deadlines and have documents ready.
When it goes to court
Tenancy disputes are typically handled by local courts; higher-value disputes go to regional courts and in the final instance the Federal Court of Justice (BGH), whose precedents shape tenancy law.[3]
- Gather documents (record): Lease, payment receipts, defect documentation.
- Prepare forms and applications (form): Complaint, objections, and court applications.
FAQ
- Can a serviced apartment be considered a normal rental contract for the long term?
- Yes, if the contract contains the core elements of tenancy (provision of use, rent payment, duration), tenancy law under the BGB usually applies.[1]
- How high can the security deposit be?
- The deposit is generally up to three months' cold rent; the specific rules are set out in the BGB.[1]
- Who is responsible for an eviction claim?
- In most cases the local court is responsible; the procedure follows the Code of Civil Procedure.[2]
How-To
How to submit a rent reduction claim
- Report the defect in writing (form): Describe the defect and its impact clearly.
- Collect evidence (record): Take photos, note dates and witnesses.
- Set a reasonable deadline (deadline): Give the landlord time to fix the issue.
- Announce the reduction (notice): If unresolved, state the reduction percentage in writing.
- If necessary file a lawsuit (court): Go to the competent local court with documents.
Key Takeaways
- The contract text often determines whether tenancy law applies.
- Documentation is essential for defects and disputes.
- Observe deadlines to avoid losing rights.
