Tenant Mediation Checklist for Germany
Mediation can be a fast, cost-effective alternative to court proceedings for tenants in Germany. This checklist explains in plain language how tenants can prepare for tenant mediation, which documents are useful, which deadlines to observe and what a typical process looks like. You will receive practical advice on documenting defects, communicating with the landlord and the official steps to take if mediation fails. The aim is for tenants to understand their rights under the German Civil Code and to pursue realistic, actionable solutions without immediately going to court.
What is tenant mediation?
Tenant mediation is a voluntary, confidential process in which a neutral person (mediator) helps tenants and landlords find an amicable solution. Unlike court proceedings, control over the decision remains with the parties; legal claims under the German Civil Code remain unaffected.[1]
Checklist: Preparation
- Arrange contact with the mediator or mediation center and clarify costs.
- Collect all relevant documents: lease, handover record, photos, correspondence.
- Check important deadlines (e.g. statutory notice periods, reporting defects).
- Note your claims and desired solutions (e.g. rent reduction, repair dates).
- Gather receipts for costs incurred (invoices, estimates).
Process of mediation
Typical process: initial meeting, joint session(s) with the mediator, negotiation phases and possibly a written agreement. The mediator moderates, asks questions and helps to formulate realistic solutions. If no agreement is reached, legal remedies remain available; information on lawsuits and proceedings at the local court is governed by civil procedure law.[2]
Forms and official steps
There are no nationwide standard forms specifically for mediations. If you later consider legal action, the following official documents and authorities are important:
- Termination letter (tenant): There is no mandatory official form for an ordinary termination by the tenant; state the date, address, contract details and notice period clearly and in a verifiable way.
- Lawsuit forms at the local court (e.g. eviction claim): If mediation fails, you can obtain claim forms and guidance from the competent local court or via the judiciary portals of the federal states.
- Evidence materials: Photos, repair invoices, correspondence and handover records are important attachments for later proceedings.
FAQ
- Can I demand mediation as a tenant?
- You can propose mediation, but participation cannot be forced. The landlord must agree for the process to take place.
- Who pays the mediator?
- Costs are usually shared or allocated by agreement; clarify cost allocation before starting.
- Is a mediation agreement legally binding?
- Yes, if both parties sign a written agreement; if necessary, an arrangement can be notarized.
How-To
- Contact a mediation center or certified mediator and discuss process and costs.
- Collect all receipts, photos, lease and prior correspondence.
- Note your goals and possible compromises before attending the session.
- Conduct the mediation openly and calmly; record agreements in writing.
- If no agreement is reached, consider legal action and seek legal advice.
