Tenancy Agreement Home Office Checklist Germany

Many tenants in Germany wonder whether and how home office should be regulated in the tenancy agreement. This guide helps you step by step to review common clauses, propose necessary changes and avoid risks such as liability issues, utility costs or unauthorized alterations. I explain in plain language which rights tenants have, which deadlines apply and which template letters you can use to negotiate with your landlord. I also show when a court or the local court may need to be involved and which official forms are helpful. At the end you will find practical tips on how to document changes and implement them safely in everyday life.

When home office should be regulated in the tenancy agreement

Home office does not always have to be explicitly mentioned, but if usage, costs or access change, tenants should seek a written agreement to avoid later conflicts. Agreements on cost sharing, permissible alterations and access rights for tradespeople are particularly important.

Which points to check and change in the tenancy agreement

• Rent (Miete): Clarify whether home office affects rent or cost sharing
• Utilities (Nebenkosten): Determine whether proportional increases due to more electricity or heating apply
• repair (Reparatur): Define who is responsible for small repairs in workspaces
• notice (Kündigung): Check whether special termination rights or deadlines are affected
• entry (Zutritt): Rules for tradespeople visits and workplace data protection
• court (Amtsgericht): Document agreements in case a dispute requires court review

Forms and legal foundations

Important provisions can be found in §§ 535–580a BGB^[1], in the ZPO for judicial steps^[2] and in the Operating Costs Ordinance (BetrKV) for billing issues^[3]. For templates and official guidance on termination letters or eviction suits, refer to information from the Federal Ministry of Justice^[4]. Example: Use a written template to propose a change of use and cost sharing; send it by registered mail and keep a copy.

• Termination template (BMJ) — when you need to terminate a contract properly or meet deadlines
• Agreement draft for home office use — written proposal to the landlord with concrete wording
• Documents for an eviction suit (if necessary) — evidence of payment default or contract breaches

FAQ

Does home office have to be in the tenancy agreement in writing?

Not necessarily, but a written agreement protects tenants and landlords and provides clarity on costs and rights.

Can the landlord forbid home office?

A general ban is often difficult to enforce as long as the residential use is not fundamentally changed; specific restrictions may be possible.

What can I do if the landlord does not agree?

Collect evidence, negotiate in writing and respect deadlines; as a last resort, the local court can be involved.

How-To

1. Collect documents: tenancy agreement, utility bills, photos of the workspace
2. Draft a proposal (notice): include a concrete clause for home office and mention deadlines
3. Contact the landlord (call) and offer a meeting to clarify
4. Record any mutual agreement in writing and have both parties sign
5. If disputes persist, consider whether court action at the local court is necessary

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Federal Ministry of Justice (BMJ) — Forms and Information

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
4. [4] Bundesministerium der Justiz (BMJ) — Forms and Information