Tenant Guide: Serviced Apartment Rules in Germany
As a tenant in Germany, it is important to clearly regulate serviced apartment contracts for the long term. This article explains in plain language what rights and obligations tenants have, which forms and sample letters are useful, and how to practically handle deadlines, rent reduction or termination. You will receive concrete steps for documenting defects, communicating with the landlord and the court routes if a dispute arises. The goal is for you to know your rights and act confidently — even without legal expertise. At the end you will also find a how‑to with step‑by‑step instructions and guidance on when it is worthwhile to go to the local court.
What do serviced apartments regulate legally?
Serviced apartments are usually treated like tenancy relationships under the German Civil Code. The central obligations of landlord and tenant — such as maintenance, utility bill settlement and notice periods — arise from the BGB and are decisive for long-term contracts.[1]
Important documents and sample letters
Termination letter (written termination according to § 568 BGB): For ending a long-term tenancy the written form is required; there is usually no official template, therefore include name, address, date, rented object, reason for termination (if necessary) and signature. Example: "I hereby terminate the tenancy for the serviced apartment at Musterstraße at the next possible date."[1]
Defect notification / report of defects: Send a dated defect description with photos and a deadline for remediation; request confirmation from the landlord. This notification is often a prerequisite for rent reduction or further steps.
Complaint forms and court steps: For eviction claims or payment claims, procedural rules in the Code of Civil Procedure apply; official complaint forms and responsibilities can be found on the Justice Portal of the federal states.[2][4]
Practical examples of sample letters
- Timely termination (form): Send a template text with recipient, date and clear declaration.
- Defect report (evidence): Attach photos, describe defects and set a remediation deadline.
- Rent reduction notice (rent): Justify the amount and period of the reduction.
- Reminder before lawsuit (form): Payment request with final deadline and notice of possible legal action.
Concrete steps for tenants
- Check deadlines (deadline): Verify statutory and contractual notice periods and act within them.
- Document defects (evidence): Photograph, date and report to secure evidence.
- Use sample letters (form): Use standard letters for termination, defect notification and reminder.
- Secure payments (rent): Make rent payments traceable; keep bank statements and receipts.
- Consider court steps (court): Observe deadlines and prepare documents if court action at the local court becomes necessary.[2]
Frequently Asked Questions
- Does tenancy law of the BGB automatically apply to serviced apartments?
- Yes, long-term use often resembles classic tenancy relationships; the BGB contains basic rules on duties and rights.[1]
- What form must a termination take?
- The termination must be in writing and signed; exact deadlines depend on the contract and the legal provisions of the BGB.[1]
- Where do I go for an eviction lawsuit?
- Eviction lawsuits are brought before the ordinary civil courts (local court); procedural rules are governed by the Code of Civil Procedure (ZPO).[2]
How-To
- Step 1: Check the contract (form) – Read term, notice periods and included services carefully.
- Step 2: Report defects (evidence) – Send a dated defect notification by registered mail or email with delivery confirmation.
- Step 3: Consider rent reduction (rent) – Calculate an appropriate reduction and inform the landlord in writing.
- Step 4: Consider legal help (court) – Observe deadlines and prepare for possible court proceedings.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Laws online (BGB, ZPO)
- Justice Portal of the Federal States (forms & courts)
