Tenant: Documenting Building Work Successfully – Germany
As a tenant in Germany it is important to document building work in the home factually and in a way that holds up in court. This text shows practical steps: record damage and impairments, observe deadlines, notify the landlord of defects and collect evidence. We explain which forms and deadlines are relevant, how to check rent reduction and when a trip to the local court may become necessary. The language remains simple; technical terms such as rent reduction, defect notice or eviction claim are explained. With clear checklists, guidance on official forms and practical examples you gain confidence to enforce rights and resolve disputes in court.
What to do when building work affects your home?
If building work affects your apartment, document the scope, date and consequences for use. Note exactly which rooms are affected, which facilities fail and what costs may arise. Notes on relevant BGB provisions[1] and possible procedural steps under the ZPO follow below.
- Take photos and videos with date and time.
- Record the time and duration of the disruption.
- Send a written defect notice to the landlord and set a deadline.
- Collect estimates or cost offers for repairs.
- Keep receipts and invoices.
- If necessary, contact the local court or consider further steps.[3]
Observe deadlines for defect reports and possible lawsuits; civil procedure rules govern processes like eviction claims or determination of the value in dispute.[2]
Relevant forms and authorities
Important official forms: termination letter (template from the Federal Ministry of Justice) for formal terminations, the court order procedure (forms from the justice portal) for unpaid claims, and templates for enforcement measures. Use the templates when you formally terminate or send a deadline letter to the landlord.[4][5]
FAQ
- Can I reduce the rent if construction work takes place?
- Yes, under certain conditions a rent reduction is possible; check the scope of the impairment and the rules in the BGB.[1]
- How do I document evidence correctly?
- Collect photos with timestamps, witness statements, written defect notices and invoices; arrange everything chronologically.
- When should I involve the local court?
- If the landlord does not respond or an eviction claim is threatened, the local court may be competent; check deadlines and procedural options.[3]
How-To
- Document damage: photos, videos, detailed description.
- Send a defect notice by email or registered mail and set a reasonable deadline.
- Obtain estimates and contractor offers.
- If no solution occurs, consider lawsuit or payment order and contact the local court if necessary.[2]
- Prepare all receipts and evidence for hearings or court proceedings.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Bundesgerichtshof (BGH) – Decisions
- Federal Ministry of Justice – Templates and Guidance
