Tenant Claim Checklist in Germany
As a tenant in Germany, you should carefully review your claim for rent reduction, repayment of repair costs, or housing allowance. This checklist helps you gather the right documents, observe deadlines, and complete the appropriate forms. We explain which proofs (photos, defect logs, payment receipts) are important, how to make a clear demand to the landlord and when going to the local court may be reasonable. The language is intentionally simple; legal terms are explained. At the end you will find practical templates and notes on official forms and on the jurisdiction of the local court and higher courts in Germany.
What to check?
- Collect photos, defect logs and payment receipts.
- Document deadlines: when the defect occurred and which deadline you set.
- Send a written defect notice with confirmation of receipt to the landlord.
- Keep repair offers and cost estimates.
- Consider legal steps if the landlord does not respond.
Forms and legal basis
Relevant legal foundations are found in the Civil Code (BGB) regarding landlord and tenant duties[1] and in the Code of Civil Procedure (ZPO) for court proceedings[2]. Housing allowance issues are governed by the Housing Promotion Act (WoFG)[3]. Important precedents are published by the Federal Court of Justice and may be relevant in disputed cases[4]. Example forms and use cases:
- Housing allowance application (application under WoFG): If your income does not cover housing costs, apply for housing allowance at your municipality; example: a single person with reduced income applies to partially cover rent.
- Defect notice (written complaint): Use a short letter describing the defect, setting a deadline and requesting remedy; send by registered mail or with delivery confirmation.
- Claim form for tenancy disputes: If negotiations fail, file a claim at the competent local court; check formal requirements under the ZPO.
Frequently Asked Questions
- What evidence do I need for rent reduction?
- Photos, defect logs, witness statements and payment receipts; document dates and communication.
- How long do I have to report a defect?
- Defects should be reported without delay; for court actions, civil procedure deadlines under the ZPO and duties under the BGB apply.
- When should I go to the local court?
- If the landlord does not respond or claims are disputed, you can file a claim at the local court; in some cases Federal Court decisions are relevant.
How-To
- Collect evidence: photos, defect logs, witness contacts and payment receipts.
- Set a written deadline for the landlord to remedy the defect.
- Check whether a housing allowance application or a cost claim is appropriate and submit forms to the competent authority.
- If necessary, prepare a claim for the local court and submit documents according to the ZPO.
Key Takeaways
- Good documentation often matters more than a verbal reminder.
- Observe deadlines precisely, especially before court steps.
- Seek assistance early from your municipality or official bodies.
Help and Support / Resources
- Civil Code (BGB) - gesetze-im-internet.de
- Federal Court of Justice (BGH) - bundesgerichtshof.de
- Federal Ministry of Justice (BMJ) - bmj.de
