Tenant Checklist for Participation in Germany 2025
As a tenant in Germany, it is important to exercise co-determination rights clearly and in a timely manner during housing projects. This guide explains in plain language which participation rights tenants have, how to communicate securely and with documentation to the landlord, and which deadlines, forms and official bodies are relevant. You will receive practical suggested wording for letters, tips for evidence preservation in case of defects and step-by-step advice if a measure affects your quality of living. The aim is to avoid conflicts and strengthen your rights under tenancy law without unnecessary escalation. The information is aimed at non-legal readers and refers to the competent authorities and courts in Germany.
What belongs in the checklist?
A good checklist helps you systematically assert your rights as a tenant. Note specific dates, collect evidence and keep written requests to the landlord. Legal bases for duties and rights can be found in the German Civil Code (BGB)[1].
- Record deadlines and appointments (deadline)
- Collect documents: lease, amendments, handover protocols (document)
- Send written defect notice to the landlord; document date and service (notice)
- Photographically record repair needs and document appointments for tradespeople (repair)
- In case of health or safety defects, report immediately and inform authorities if necessary (safety)
Communication with the landlord
Formulate requests and defect notices clearly, factually and in writing. State the defect, the date it first occurred and a deadline for rectification. Deadlines and formal service are important for legal steps; the Code of Civil Procedure (ZPO) governs procedures such as lawsuits or service[2].
Sample text for a defect notice: “Dear Mr/Ms X, since DD.MM.YYYY there has been water damage in apartment X. Please remedy the defect by DD.MM.YYYY. Otherwise I reserve the right to take steps under tenancy law.”
If a legal dispute arises
In unclear situations, a resolution can take place before the competent local court; tenancy disputes are usually brought in the first instance before the local court (Amtsgericht), appeals go to the regional court and final rulings to the Federal Court of Justice (BGH)[3]. Before filing a lawsuit, you should fully document evidence, deadlines and prior communication.
FAQ
- Which deadlines must I observe?
- Record deadlines for defect remedy, payment deadlines and deadlines for filing remedies; special procedures and deadlines apply to eviction suits under the ZPO[2].
- How do I document defects correctly?
- Photos with dates, written notifications to the landlord by registered mail or email with delivery confirmation and logs of tradespeople appointments are important.
- When can I reduce the rent?
- If there are significant impairments to the quality of living, tenants can reduce the rent; assess the reduction rate based on the extent and document reasons and duration.
How-To
- Step 1: Report defect in writing and set a reasonable deadline (notice).
- Step 2: Gather evidence: photos, witnesses, invoices (document).
- Step 3: If necessary, commission tradespeople and secure cost estimates (repair).
- Step 4: Seek support: tenant advice, official bodies or court (call).
- Step 5: If no agreement, consider filing at the local court (court).
Help and Support / Resources
- [1] German Civil Code (BGB) §§ 535–580a
- [2] Code of Civil Procedure (ZPO)
- [3] Federal Court of Justice (BGH)
- [4] Federal Ministry of Justice