Tenant Claims 2025 - Securely in Germany

As a tenant in Germany you may face questions about rent reduction, repairs, rent increases or termination. This guide explains in practical terms how to systematically check your claims in 2025: which legal bases apply, which evidence is relevant and which forms and deadlines you must observe. We show how to document defects, how and when to complain in writing, which official forms exist and when a case can end up at the local court. Examples and action steps help you make decisions independently or seek professional help in time. The aim is that you understand your rights and can defend them securely without legal expertise. Read on for concrete templates and steps.

Which rights do tenants have?

Your central duties and rights as a tenant are found in the German Civil Code (BGB), in particular §§ 535–580a, which govern the tenancy agreement, landlord obligations and options for rent reduction.^[1] The rules of the Code of Civil Procedure (ZPO) apply to court proceedings such as eviction suits or claims for damages.^[2] In practice this means: you can reduce the rent for significant defects, demand repairs in writing, or terminate within deadlines if the defect substantially impairs use.

Key legal bases

• §§ 535–580a BGB: Tenant and landlord obligations, rent reduction, decorative repairs.
• ZPO: Procedure for lawsuits, service and deadlines for eviction suits.
• Operating costs regulation and heating costs regulation: billing and allocation of utilities.

Forms and official templates

There is no single federal form for every situation, but you should know key applications and documents:

• Housing benefit application / WBS: If you need housing allowance or a WBS, use the form of your city or state; check the housing office requirements.
• Termination letter (tenant termination or extraordinary termination): Wording matters; document reasons, date and signature.
• Defect notification / setting a deadline: State the defect clearly, date of discovery and set a reasonable deadline for repair.

Practical steps: checking claims

1. Review the lease: What does the contract say about rent, utilities and repairs?
2. Create documentation: photos, dates, witness names and written defect notices.
3. Check deadlines: When was the defect reported, what is a reasonable cure period and when might rights lapse?
4. Prepare forms/letters: Draft the defect notice or termination letter and attach evidence.
5. Consider court action: The local court (Amtsgericht) usually handles tenancy disputes; assess potential costs and chances of success.
6. Use alternatives: Consider mediation, tenant arbitration or municipal advice services.

Practical examples (case studies)

Case 1 – Heating failure: Report the failure in writing, set a reasonable repair deadline and document temperature readings and photos. If there is no response, consider rent reduction and inform the housing authority or a lawyer.

Case 2 – Unjustified rent increase: Request the calculation in writing, check comparable rents and, if necessary, file an objection or lawsuit at the local court.

FAQ

How long do I have to report a defect?

You should report defects in writing immediately after discovery; certain deadlines under the BGB and ZPO may apply to specific claims.^[1]

Can I reduce the rent if the heating fails?

Yes, significant impairments to use can justify a rent reduction after you have reported the defect and set a deadline for repair.

When is the local court competent?

The local court usually has jurisdiction for first-instance tenancy disputes such as rent reduction, protection against termination or eviction suits.^[2]

How-To

1. Document the issue: Note date/time and take clear photos.
2. Send a defect notice: Write a concise notice and send it by email and post.
3. Set a deadline: Give a reasonable period for repair and keep proof of delivery.
4. Collect evidence: Gather witnesses and receipts to support your claim.
5. Consider legal steps: If no solution, seek tenant advice or file a claim at the Amtsgericht.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

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