Tenant Guide: Elevator Installations in Germany
Many tenants in German cities face the question whether they must agree to an elevator installation in their building and how to oppose modernization measures. This practical text explains in plain language which rights tenants have in Germany, how modernization costs can be allocated and when contesting is sensible. You will learn which deadlines apply, which documents serve as evidence and how concrete court procedures can look. We also give tips on protecting apartments during work and which official bodies can help. The aim is to give tenants confidence when deciding before signing and to avoid common pitfalls.
What tenants should know
Modernization measures such as installing an elevator are generally possible, but require review under tenancy law and the modernization rules in the BGB [1]. Landlords must announce modernizations and explain cost allocation; in disputes the local court decides under the rules of the ZPO [2]. Therefore, carefully review the notice and note deadlines, scope of work and specific cost items.
Immediate steps before signing
- Check the form/notice: Compare the announced measures with the landlord's modernization notice.
- Request cost breakdown: Ask for a detailed breakdown of costs and how they will be passed on to tenants.
- Check impact on apartment: Clarify whether work affects your apartment (noise, dust, access) and duration.
- Collect evidence: Take photos, keep letters and keep a log of appointments and agreements.
- Note deadlines: Observe objection or contestation deadlines and inspection appointments.
- Seek contact: Talk to the landlord, property manager or your tenants' association.
When contesting makes sense
Contest or legal action may be appropriate if the measure is disproportionate, costs are not credible or the intervention unreasonably affects your apartment. Formal defects in the notice or missing cost transparency are important arguments. For a lawsuit, the complaint must be drafted according to the ZPO rules; there is no nationwide standardized "tenant complaint form", the complaint must be properly structured [2]. For formal questions, a sample termination or objection letter from the Federal Ministry of Justice can be used as orientation [3].
Forms and practical examples
Official templates are rarely uniform nationwide. Typical examples include:
- "Termination letter (sample)" or objection templates: use such templates to meet formal requirements; example: an objection to cost allocation should contain date, recipient, tenancy details, reasoning and a clear request (e.g. review or suspension).
- Complaint under the ZPO: If negotiations fail, file a complaint at the local court that states facts, claim and evidence; attach copies of notices and photos.
FAQ
- Can the landlord simply install an elevator?
- No. The landlord must announce the modernization and explain costs and scope. Tenants can in certain circumstances object or contest.
- Who decides on cost allocation disputes?
- Disputes about cost allocation are usually heard in the local court; the court examines legal and factual aspects under the ZPO and BGB.
- Which deadlines matter?
- Deadlines are specified in the notice and tenancy agreement; procedural deadlines follow the ZPO. React promptly and document all deadlines.
How-To
- Read the modernization notice fully and highlight cost items and dates.
- Note all deadlines and set your own reminders.
- Gather evidence: photos, witnesses, correspondence.
- Contact tenants' association or legal advice for an assessment of chances.
- If necessary, prepare a complaint and file it at the competent local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) – full text
- Zivilprozessordnung (ZPO) – full text
- Federal Court of Justice (BGH) – information and decisions
