Serviced Apartments: Tenant Rights in Germany

Many tenants in Germany now live in serviced apartments and wonder which rights apply to long-term contracts and transparent management. This text explains in clear language what tenants can expect: from disclosure of service charges and the responsibilities of management to repair obligations and possible steps in a dispute. It gives practical advice on checking service charge statements, which documents help, how to meet deadlines and when it makes sense to contact the local court or an advisory office. The information is based on the BGB and case law and shows sample actions, forms and concrete examples for tenants in Germany.

What applies to serviced apartments and transparent management?

Serviced apartments can be structured as tenancy agreements or mixed services. It is crucial for tenants whether a regular tenancy under the German Civil Code (BGB) exists; the basic duties of landlord and tenant are regulated in §§ 535–580a BGB.^[1] In case of uncertainty about management transparency, request access to billing documents and the service charge breakdown.

Management obligations

The management must act economically, settle service charges correctly and report or remedy defects promptly. If defects persist, tenants have rent reduction rights and a claim for repair if the BGB requirements are met.^[1]

Concrete steps for tenants

• Check the service charge statement and raise questions within statutory deadlines.
• Collect receipts, photos and correspondence as evidence for defects or unclear charges.
• Contact landlord or management in writing and set a reasonable deadline for clarification.
• If management does not respond, consider filing a claim at the competent local court; jurisdiction depends on the place of residence.^[2]

Important forms and templates

Some forms and templates are useful for tenants. Examples:

• Termination letter (template): a written termination for ended contracts; state the tenancy, termination date and request written confirmation. Use a dated, signed letter and send it with proof of delivery.
• Claim form / complaint (eviction claim or claim for payment): to be filed at the local court if, for example, service charges are disputed or an eviction is contested; check with the competent local court for the exact form and submission method.^[2]
• Evidence list: a simple list with date, description and reference to the document (e.g. photos, invoices) to attach to letters to the landlord or court.

FAQ

Who checks whether a serviced apartment falls under tenancy law?

The local court decides in case of dispute whether a contract is to be classified as a tenancy under the BGB; relevant criteria include duration of use, type of services and contractual provisions.^[2]

Can the landlord allocate service charges as a flat rate?

Service charges must be billed according to contractual agreements; a flat allocation is only permissible if it was validly agreed and explained transparently.

What deadlines apply to service charge statements?

The landlord must present the statement within one year after the end of the accounting period; in case of late statements, claims for additional payment are usually excluded.

How-To

1. Make contact: first send a written request to the management and ask for documents.
2. Collect evidence: create an organized folder with photos, invoices and correspondence.
3. Set a deadline: give a clear period for clarification (e.g. 14 days) and announce further steps.
4. File at the local court: submit a claim or reminder at the competent local court if no agreement is reached.^[2]

Help and Support / Resources

• BGB §§ 535–580a on gesetze-im-internet.de
• Information on local courts on justiz.de
• Federal Court of Justice decisions

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Competent courts and forms — justiz.de
3. [3] Decisions of the Federal Court of Justice — bundesgerichtshof.de