Tenant Checklist: BGH Rulings Germany

As a tenant in Germany, you often face conflicting demands, deadlines and various court decisions in complex rental disputes. This practical guide explains which documents matter in cases with BGH relevance, how to organize evidence and which steps to follow for termination, rent reduction or eviction. It is aimed at tenants without legal training and lists concrete forms, deadlines and court addresses. With clear action steps, checklists and notes on local court, regional court and BGH, we want to help you be better prepared and enforce your rights in Germany effectively. The checklist includes template letters and practical examples so you can assemble documents, meet deadlines and present them in court when needed. Use the guidance to submit clear files to the local or regional court.

When BGH rulings matter

BGH decisions often clarify legal questions that also matter before local courts. For complex issues, e.g. rent reduction, operating costs or modernization charges, arguments follow higher court case law^[3]. However, at the local court level practical evidence presentation is decisive; the court usually rules based on contract, payments and damage assessment^[4].

Document checklist for complex cases

• Collect documents: lease agreement, addenda, handover protocol, dated photos.
• Rent payments (rent) & deposit: bank statements, receipts, payment records.
• Forms & letters: termination letter templates, complaint form, power of attorney, repair reports.

Key statutes

The core rules on tenancy are in §§ 535–580a BGB^[1]. Procedural rules for lawsuits and eviction are set out in the ZPO^[2]. Read the official texts and rulings here: BGB §§ 535–580a, ZPO and BGH decisions.

Evidence organization

Structure evidence chronologically and by topic (payments, defects, communications). This makes files easier for judges to follow.

• Photos & protocols: dated images, handover records, repair notifications.
• Correspondence: emails, letters, SMS with dates.
• Deadline notes: when complaints were sent and what responses occurred.
• Expert reports and estimates: include professional assessments if available.

FAQ

Which documents do I need for a rental dispute?

You need the lease, handover protocol, payment records, dated photos, correspondence with the landlord and, if applicable, expert reports or cost estimates.

When does a BGH ruling help tenants?

A BGH ruling helps when it clarifies a legal question that applies to your case; local courts often follow higher court case law.

Where do I file a lawsuit?

Most rental disputes are filed at the local court (Amtsgericht) where the rental property is located; a regional court may be competent for higher claims.

How-To

1. Gather documents: lease, statements, photos and correspondence in order.
2. Check deadlines: note termination, complaint and limitation periods.
3. Complaint form: complete the claim form or prepare a template letter and sign it.
4. File the claim: submit at the competent local court or check electronic filing options.
5. Seek legal advice: consult a tenants' association or lawyer and provide a power of attorney if needed.

Help and Support / Resources

• BGB §§ 535–580a — Gesetze im Internet
• Federal Court of Justice — Decisions
• Justice Portal NRW — Forms & Courts

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de
4. [4] Justizportal NRW — justiz.nrw.de