Tenant Guide: Rights in Germany
As a tenant in a German big city, unexpected problems such as rent reduction, maintenance or possible termination can occur. This guide explains clearly and practically which rights tenants have in Germany, how to respond to defects, meet deadlines and collect necessary evidence. I describe concrete steps for communication with the landlord, forms and local courts and when a case can reach the regional court or the Federal Court of Justice (BGH). The goal is to give you action-oriented, understandable information so you can make confident decisions and have necessary documents ready for a lawsuit or objection. The text mentions relevant laws, typical deadlines and official forms so you can quickly contact the right authority or prevail in court if needed.
What applies to tenant problems?
The landlord has maintenance duties under the German Civil Code (§ 535 BGB).[1] As a tenant you can report defects, reduce rent or carry out repairs yourself and reclaim costs if the landlord does not respond.
Immediate steps for defects
- Report defects in writing and demonstrably to the landlord and set a deadline.
- Take photos, videos and create a defect log with dates.
- Observe deadlines: typically 14 days for rectification in case of acute damage.
If the landlord does not respond, you can reduce the rent or consider filing a claim at the local court; tenancy disputes are usually handled at the local court, appealed to the regional court, and fundamental questions can be decided by the BGH.[2]
Termination, eviction and court proceedings
In case of termination you should react immediately: check for formal errors, file an objection, and seek legal advice if necessary. An eviction claim is brought by the landlord at the local court; as a tenant you can assert counterclaims or offer installment payments.
Important forms
- Lawsuit form and civil procedure forms: use the official justice forms for filing.[3]
- Template letters for defect reports or setting deadlines help avoid formal errors.
FAQ
- Can I reduce the rent if the heating fails?
- Yes, with significant impairment you can reduce the rent proportionally; document the outage and inform the landlord in writing.
- What should I do if I receive an immediate termination?
- Check the termination for formal errors, file an objection within the deadline and seek legal advice; use the local court and relevant objection deadlines.
- How quickly must I report defects?
- Defects should be reported immediately and in writing; typically give the landlord a 14-day deadline to remedy the defect.
How-To
- Document defects with photos, date and witnesses.
- Send a written defect notice to the landlord and set a deadline.
- Wait for the deadline; if there is no response, obtain cost estimates and consider rent reduction.
- If necessary, file a lawsuit at the local court or use the official forms.
