Tenant Guide: Finding Comparable Flats in Germany

As a tenant in Germany, you often face questions about tenant rights, rent increases and repairs. This guide explains step-by-step how to find comparable flats, document defects and use necessary forms to enforce your rights. It is aimed at renters without a legal background and shows practical steps: where to collect evidence, which deadlines to watch and how to write a letter to the landlord. By the end you will know the main laws, competent courts and concrete courses of action to improve your negotiating position. I describe concrete examples, for instance how to select three comparable flats, which criteria matter (location, size, amenities) and how to calculate price differences. You will also learn when rent reduction is possible and how a local court can help in a dispute.

Rights and Duties as a Tenant in Germany

German tenancy law is regulated in the German Civil Code (BGB), especially the provisions on lease agreements. For obligations of landlords and tenants, rent reduction and termination, check the relevant paragraphs ^[1]. For civil proceedings such as eviction actions, the procedural rules of the Code of Civil Procedure apply ^[2]; consult these early if a dispute arises.

How to Find Comparable Flats

Comparable flats help assess whether a rent increase is reasonable or whether your rent aligns with the market. Choose flats with similar location, equal living area and comparable amenities and collect evidence from listings and contracts.

• Define criteria: specify location, size and amenities.
• Observe timeframe: prefer comparisons from the last 6–12 months.
• Compare costs: separate base rent and utilities.
• Collect evidence: save listings, screenshots and photos as proof.

Forms and Templates

There is no single official form for every situation, but sample letters help when drafting terminations or defect notices. Name the form clearly (e.g. "Termination letter sample from BMJ") and always include date, address, lease data and a clear demand; a practical example is: "Set a deadline for defect repair within 14 days" ^[3]. Keep a copy and proof of dispatch.

What to Do About Defects and Rent Reduction

Proceed in a structured way: report each defect in writing, set a reasonable repair deadline, document damage and effects and calculate possible reduction amounts. Avoid unilateral terminations without legal advice.

1. Document the defect: take photos, note dates and describe precisely.
2. Write a defect notice: send it in writing to the landlord and set a deadline.
3. Await the repair deadline: allow repairs and collect proof.
4. Consider rent reduction: calculate a proportional reduction and justify it.
5. Legal steps: if necessary, consider filing a suit or eviction action at the competent local court.

FAQ

How do I find suitable comparable flats?

Search listings with the same location, size and amenities, compare base rent and utilities and save screenshots as evidence.

When can I reduce the rent?

A rent reduction is possible for significant defects after informing the landlord and setting a deadline for remedy.

When do I need to go to the local court?

The local court handles lower-value disputes like eviction actions; consider mediation first where possible.

How-To

1. Collect three comparable offers as a basis.
2. Calculate the comparative rent including average utilities.
3. Draft a defect notice or landlord letter with a clear deadline.
4. Set a reasonable repair deadline (for example 14 days).
5. If necessary, submit documents to the competent local court.

Key Takeaways

• Evidence is key: organize listings and photos systematically.
• Meet deadlines: respond promptly to letters and defects.
• Documentation for court: keep proofs and correspondence in order.

Help and Support / Resources

• BGB §535ff. at Gesetze im Internet
• Federal Court of Justice (BGH) - Decisions
• Information on local courts and jurisdictions

---

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Ministry of Justice and Consumer Protection (BMJ) - Samples and Forms