Tenant Checklist for Building Work in Germany 2025
As a tenant in Germany you should know precisely which rights and obligations apply during building work in your building and how to protect your home. This checklist practically explains how to check written announcements, document defects, find official forms and respond within deadlines so that your living quality is maintained. We explain the relevant rules from the BGB[1], name responsible courts such as the local court (Amtsgericht)[3] and provide practical sample texts for defect notices, deadline demands and possible rent reductions. The guidance is easy to understand for tenants without legal training and contains concrete steps to accompany building work, secure your claims and prepare court action if necessary. Read on for concrete wording suggestions and official procedures.
What tenants need to know about building work
Construction work can limit the usability of the apartment. As a tenant you have rights to ensure living quality and to have defects remedied by the landlord. Relevant provisions are in the BGB (e.g. §§ 535–536)[1]; court proceedings are governed by the ZPO[2]. If talks with the landlord fail, the local court is competent, while the Federal Court of Justice (BGH) decides on fundamental legal questions[4].
Preparation: Checklist before work begins
- Check the announcement (notice): verify date, scope and duration.
- Document damage (evidence): take photos, videos and note dates.
- Report defects (repair): send a written defect notice to the landlord.
- Set deadlines (deadline): stipulate a reasonable period for remediation.
- Consider legal steps if necessary (court): check competence and prospects of success.
Forms and templates
Use official sample texts for defect notices, deadline demands and objections. Some courts and authorities provide forms or guidance on how to file a lawsuit or a payment order; check formal requirements and submission channels in advance.
- Defect notice template (form): standard text for written defect notification to the landlord.
- Lawsuit/application at the local court (form): use the civil complaint form or payment order via the justice portal.
- Objection to utility charges (form): templates for lodging an objection.
If serious impairments occur: rent reduction & legal action
When usability is impaired, a rent reduction may be possible; the legal basis is in the BGB (§§ 535–536)[1]. Court proceedings follow the ZPO[2], the local court is the first instance for most rental disputes[3]. For fundamental legal questions the BGH is decisive[4].
Calculating rent reduction
- Determine a reasonable amount (rent): estimate percentage reductions based on scope and duration of the defect.
- Observe retroactive effect and start (deadline): when the reduction takes effect may be legally limited.
- Consider litigation if contested (court): check competence and file documents at the local court.
FAQ
- How do I correctly report building work to my landlord?
- Write a formal defect notice with date, description, photos and set a reasonable deadline for remedy.
- Can I reduce the rent if the apartment is impaired?
- Yes, if the usability is significantly impaired a rent reduction may be possible; amount and duration depend on the individual case.
- Which court do I turn to in case of dispute?
- The local court (Amtsgericht) is responsible for most rental disputes; in special cases the higher courts decide.
How-To
- Check the announcement (notice) and note deadlines and contacts.
- Document defects with photos, videos and dates (evidence).
- Send a written defect notice to the landlord (form) and request remediation.
- Set a reasonable deadline for remedy (deadline) and notify possible rent reduction.
- Consider court action at the local court (court) if there is no response and collect all evidence.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–536
- Zivilprozessordnung (ZPO) — Justiz
- Justizportal des Bundes und der Länder — Formulare & Hinweise
- Bundesgerichtshof (BGH)
