Tenant Consultation Mistakes in Germany

As a tenant in Germany, an initial consultation about tenancy law, termination or rent reduction can be decisive. Many tenants arrive unprepared and make typical mistakes with documents, deadlines and when describing defects. This guide explains in plain language which documents you should collect, how to attend appointments on time and which official forms are relevant. I show practical steps for recording evidence, how to address letters correctly and when to involve the local court or tenant advice. The goal is that you act confidently and represent your rights clearly — without legal expertise. I list official sources, useful forms and show how to secure evidence with photos and dates, calculate deadlines and create a checklist.

Preparation for the initial consultation

Collect all relevant documents before the appointment; this makes the consultation easier and prevents follow-up questions. Prepare a short chronology of events (date, brief description, persons involved) and copy all receipts.

• Tenancy agreement (including annexes and amendments)
• Inventory/takeover protocol and evidence of the apartments condition
• Correspondence with the landlord (emails, letters)
• Photos or videos of defects with dates
• Receipts and proof of payments (rent, deposit, utilities)

Deadlines and appointments

Pay attention to statutory and contractual deadlines: termination periods, deadlines for remedying defects and response times to warnings. For court proceedings, the deadlines of the Code of Civil Procedure apply.^[2]

• Respond within the deadline stated in the letter
• Record dates and reminders immediately in your calendar
• Send important letters in a verifiable way (e.g. registered mail)

Forms and official steps

Important forms include the application for legal advice assistance or the application for legal aid; tenancy claims are governed by the provisions of the Civil Code (BGB).^[1] In legal disputes, the local court is competent, with appeals to the regional court and the Federal Court of Justice.^[3]

• Application for legal advice assistance (Beratungshilfe)  if you cannot afford extensive initial advice; submit the form at the competent local court. Example: you have low income and need help clarifying rental defects.
• Application for legal aid (PKH)  for court proceedings when state coverage of costs must be reviewed; include proof of income.
• Termination letter (sample)  when you terminate yourself or respond to a landlords termination; include date, addresses, contract details and signature clearly.

What to say at the appointment

Summarize the facts briefly: since when the problem exists, which attempts were made to resolve it, and which evidence you can present. Ask for a written summary of the consultation if possible.

• State the date and time of each relevant event
• Present evidence and photos in an organized way
• Note contact details of the adviser for follow-up questions

Frequently Asked Questions

What happens if my landlord does not carry out necessary repairs?

You can set a reasonable deadline in writing and, if no improvement occurs, consider reducing the rent or arranging remedial work by third parties; document everything carefully.

How quickly must I respond to a termination?

Check the notice period immediately and have the letter legally reviewed; deadlines are binding and can affect your rights.

When should I involve the local court?

If negotiations fail or an eviction suit is threatened, the local court is the first instance for many tenancy disputes.

How-To

1. Collect all relevant documents and make copies.
2. Photograph or film defects with dates and store the files securely.
3. Check deadlines in the tenancy agreement and respond in time.
4. Prepare necessary forms (e.g. legal advice assistance, PKH) and submit them to the local court if needed.
5. Contact tenant advice or the local court early if uncertain.

Key Takeaways

• Organization and documentation increase your chances of success.
• Observing deadlines protects you from losing rights.
• Early advice clarifies options and often saves costs.

Help and Support

• §535 BGB — Civil Code: Landlords obligations
• Code of Civil Procedure (ZPO)  procedural rules
• Federal Court of Justice (BGH)  official court site

1. [1] §535 BGB — Bürgerliches Gesetzbuch: Pflichten des Vermieters
2. [2] ZPO — Zivilprozessordnung: Verfahrensregeln
3. [3] Bundesgerichtshof — Offizielle Gerichtsseite