Tenancy Agreement in Germany: Practical Guide for Renters

As a renter in Germany, you often face questions about the tenancy agreement, tenant rights, defects, or an impending termination. This practical guide clearly explains which rights and obligations arise from the tenancy agreement, how to respond to defects and which deadlines apply to terminations or rent increases. I show concrete steps to take, which evidence is important and when a local court or higher instance is responsible. The aim is to give you confidence so that you can make informed decisions and carry out formal steps correctly. The text remains understandable, names relevant laws and official forms, and gives tips on how to address disputes without legal pre-knowledge.

What does a tenancy agreement regulate?

The tenancy agreement sets the rental period, rent amount, ancillary costs and duties of tenant and landlord. It serves as the contractual basis on which both parties can rely, for example in repairs, cosmetic repairs or a rent increase. Important legal foundations can be found in the German Civil Code (BGB).^[1]

Termination, deadlines and formal steps

Statutory notice periods apply to ordinary termination and depend on the duration of the tenancy. For extraordinary termination (e.g. severe breaches) other rules apply. Terminations should be in writing and signed; for sample letters many tenants use official templates.

Practical checklist: Check termination

• Check the deadline (deadline): Observe time-dependent notice periods.
• Secure termination in writing: Document signature and date.
• Gather evidence: Handover protocol, photos, correspondence.

Defects, repairs and rent reduction

For defects (e.g. heating failure, mold) you must inform the landlord and give a reasonable deadline to remedy. Only for persistent serious defects can a rent reduction be appropriate. Documentation is decisive: photos, dates and correspondence improve your position.

Steps for defects

• Document the defect (evidence): Take photos, note dates and describe the problem.
• Notify the landlord in writing (notice) and set a deadline for remedy.
• Check rent reduction (rent): Reduce proportionally only with legal basis.

Evidence, communication and deadlines

Keep a log of all contacts with the landlord: date, time, conversation content and involved persons. Registered mail with return receipt is often sensible when deadlines matter. In serious cases, the local court can be involved.

If it goes to court

In disputes, local courts (Amtsgerichte) often decide in the first instance; appeals may go to the regional court (Landgericht), and fundamental questions can reach the Federal Court of Justice.^[3] The rules of the Code of Civil Procedure (ZPO) apply to lawsuits. Before suing, organize all evidence and prepare a clear statement of facts.

Forms and official templates

Important forms include sample termination letters or checklists for defect notifications. Use official templates where possible, for example from the Federal Ministry of Justice, and add your personal data and concrete facts.^[2]

FAQ

How long is the notice period for tenants?

The standard notice period for tenants is usually three months, regardless of the duration of the tenancy. Special rules may apply by contract.

Can I reduce the rent if the heating fails?

Yes, for significant impairments like heating failure a rent reduction is possible if the landlord does not react within a reasonable period.

Which authority handles tenancy disputes?

Initial claims are usually handled by the local court (Amtsgericht); fundamental issues can be decided by higher courts like the regional court or the Federal Court of Justice.

How-To

1. Document the defect completely (evidence): Photos, date, affected areas.
2. Send a formal defect notice to the landlord (notice) and set a deadline.
3. Consider a rent reduction (rent) and announce it in writing with reasons.
4. If no solution, prepare a lawsuit and submit documents to the competent local court (court).

Help and Support / Resources

• German Civil Code (BGB) – gesetze-im-internet.de
• Federal Ministry of Justice – bmj.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] BGB (Bürgerliches Gesetzbuch) – gesetze-im-internet.de
2. [2] Bundesministerium der Justiz – bmj.de
3. [3] Bundesgerichtshof – bundesgerichtshof.de