Tenant Checklist: BGH Rulings for Germany
As a tenant in Germany you often face complex deadlines, forms and judicial decisions. This practical guide helps you apply BGH rulings to your case, secure evidence systematically and meet important deadlines. You will learn which official forms and proofs are necessary, how to respond to rent reduction, termination or modernization notices and when the local court (Amtsgericht) has jurisdiction.[2] The checklist is tailored to the needs of tenants and explains step by step how to act on time, prepare documents and find support from advisory services. We also show which sections of the German Civil Code (BGB, §§ 535–580a)[1] are relevant, how to calculate deadlines and what proof the local court usually requires.
What the checklist contains
- Deadlines and timelines: calculate termination periods, response times and statutory deadlines precisely.
- Evidence preservation: document photos, defect logs and witness names for later use.
- Forms and templates: prepare defect notices, termination letters and applications.
- Court steps: when the local court is competent and which documents are required for a lawsuit.
- Support: contact advisory centers, tenant associations and official help in your area.
Important deadlines
Deadlines are often decisive: mandatory are reaction times after a defect notice, statutory termination periods and deadlines for rent reductions. Note all dates in writing and create a deadline list. If unsure, calculate in days and mark the last day clearly.
Evidence preservation & forms
Document defects with date, time and description; photos and message histories help later in court. Use templates for defect notices and termination letters as a structure; an official template from the Federal Ministry of Justice can serve as orientation. Refer to relevant BGH rulings when the case is complex.[3]
Court steps and the local court
In unresolved disputes, lawsuits are usually filed at the local court; the Amtsgericht is the first instance for many tenancy disputes.[2] Civil procedure rules (ZPO) apply to filing claims, taking evidence and setting hearing dates. Check early whether legal aid (process cost assistance) is possible and which documents the court expects.
Preparing for hearings
- Organize evidence: have photos, correspondence and witness names ready in a folder.
- Attach forms: compile complaint, defect notices and any reminder letters.
- Financial preparation: present cost estimates, deposit accounting and, if applicable, application for legal aid.
- Schedule coordination: coordinate court dates, deadlines and communication with a lawyer or advisory service.
FAQ
- How do I calculate deadlines for a termination?
- Calculate the statutory termination period based on the duration of the contract and check for special deadlines in the lease; when in doubt, document in writing by registered mail.
- Which forms do I need for a rent reduction?
- There is no uniform official form for rent reduction; create a defect notice with date, description, deadline for remedy and supporting evidence.
- When is the local court competent?
- The local court is the first instance for most tenancy disputes, especially for claims and eviction suits up to certain dispute values.[2]
How-To
- Check and record deadlines.
- Collect evidence: secure photos, messages and witness details.
- Prepare forms and letters: use a defect notice and termination letter template.
- If necessary, file a lawsuit at the local court and meet deadlines.
Help and Support / Resources
- Gesetze im Internet e284 BGB §§ 535–580a
- Federal Court of Justice (BGH) e284 Decisions
- Federal Ministry of Justice e284 Forms and templates