Serviced Apartments: Tenant Rights in Germany
Many tenants in Germany wonder how serviced apartments are classified legally, what obligations landlords have and which tenant rights apply to long-term stays. This article explains in plain language when a contract counts as a tenancy, which protections from the BGB apply and how to react to defects, modernizations or terminations. With practical examples, notes on additional costs and deposit issues and clear steps for documentation we help you minimize risks. The language is simple, the advice practical and judicial instances such as the local court and the BGH are named so you know where to turn in case of disputes. Practical forms and deadlines are explained.
What are serviced apartments?
Serviced apartments are furnished flats with added services like cleaning or linen changes. Crucial for legal status is whether the relationship is structured like a classic tenancy (duration, rent, utilities, house rules) or more like a service contract for accommodation. For long-term stays, tenancy law of the BGB[1] often applies.
When does tenancy law apply (brief):
- Duration and notice periods (deadline): If accommodation is open-ended or long-term, tenant protection rules often apply.
- Regular rent payments (rent): Monthly fees and utilities suggest a tenancy contract.
- Contract terms and house rules (form): Written agreements should clearly state which services are included.
When tenancy law applies, landlord obligations under the BGB such as maintenance and warranty come into force. Report defects in writing and set reasonable deadlines for remedy.
Common problems and practical advice
- Repairs (repair): For defects like broken heating or mold report damage immediately in writing and demand repair within a deadline.
- Utilities and deposit (rent): Request a transparent statement; check whether advance payments are reasonable.
- Termination and eviction (eviction): Observe legal deadlines and respond in time to notices, otherwise eviction proceedings may follow[2].
- Contact and help (contact): Talk to the landlord or tenant advice early before deadlines expire.
Practical example: You live six months in a serviced apartment with monthly payments, fixed occupancy and no daily cleaning obligation. That strongly indicates a tenancy; notice periods and defect liability under the BGB then apply.
What to do in case of termination or rent increase?
Check the notice period in your contract and compare it with statutory deadlines. If contract wording is unclear, send a letter requesting continuation or clarification. The local court (Amtsgericht) is responsible initially; higher courts like the Regional Court or the BGH decide appeals[3].
Practice: Forms and letters
Important documents you should know:
- Termination letter (sample): State date, contract details and return of the property; submit the letter with proof of delivery.
- Defect notice (record): Describe defects precisely, attach photos and set a reasonable deadline for repair.
- Filing for eviction (file): If necessary, the landlord files eviction proceedings at the local court; as tenant you should object in time and present evidence.
Example defect notice: "Heating defective since 05.01.; please repair by 12.01.; until then I claim a rent reduction." Such letters help if the case goes to court.
Frequently Asked Questions
- Does tenancy law automatically apply in a serviced apartment?
- No. It depends on duration, payment method and contract terms; long-term payments often trigger tenancy protections.
- Can I reduce the rent because of mold?
- Yes, for significant defects you can reduce rent proportionally after notifying the landlord and setting a repair deadline.
- Who do I contact in an eviction case?
- The competent local court decides initially; for legal questions seek legal counsel or tenant advice.
How-To
- Document defects immediately (record): Photos, date, witnesses and short descriptions.
- Send a written defect notice and set a deadline (deadline) for repair.
- If no response, contact tenant advice or a lawyer (contact) and gather evidence.
- If necessary, prepare documents for court; the claim is filed at the local court (eviction).
