Tenant: Notice of Excessive Rent — Templates Germany

Many tenants in Germany suddenly find a significantly higher charge or inconsistencies in the rent statement and do not know how to react. This guide explains in clear language what rights you have as a tenant, how a properly structured notice for excessive rent should be composed, and which deadlines apply. You will receive practical templates, tips on securing evidence, and steps that often allow you to enforce claims without a lawyer. Where necessary, we name the competent courts and laws so you can be sure when a local court must be involved and when simple written correspondence is sufficient.

What is a notice for excessive rent?

A notice is a written communication to the landlord stating that the demanded rent is too high or that certain charges are invalid. In the notice you should specifically name which items you dispute and why. Legal foundations can be found in the German Civil Code (BGB) on tenancy relationships.^[1]

When is a notice worthwhile?

• If the demanded rent is clearly above comparable offers (rent) and the landlord provides no plausible justification.
• For unclear service charge statements or charged items without supporting documents (evidence).
• If defects exist and you want to withhold payments or reduce rent, first issue a written notice (repair).
• Respond within reasonable deadlines: set a deadline for response or repayment (deadline).

Draft the notice clearly: date, address, specific items contested, requested action (e.g. refund or correction) and a deadline. Name or attach evidence copies. If the landlord does not respond, the next step is often a lawsuit at the local court, which is generally responsible for tenancy disputes.^[2]

Which documents and evidence help?

• Copies of the lease and all correspondence between tenant and landlord (evidence).
• Bank statements or receipts proving payments and refunds (rent).
• Correspondence with deadlines and inquiries as documentation (form).
• Expert reports or comparison offers in disputed rent value cases (court).

When collecting evidence, note date, time and participants. Photos of defects or statements are often helpful.

Step: Sample wording and practical templates

Below is a simple sample notice you can adapt: letterhead with full address, subject "Notice of excessive rent / Request for correction", description of the disputed item, a deadline for response (e.g. 14 days) and indication of further steps (e.g. involving the local court). Attach copies of evidence and send the letter by registered mail with return receipt or as registered mail without personal receipt.

FAQ

Can I send a notice without a lawyer?

Yes. Many notices have no formal requirements and can be drafted by the tenant. For complex legal questions or high amounts, seeking advice can be sensible.

What deadline is appropriate?

Commonly 10–14 days for a response or repayment of overpaid amounts; pay attention to mandatory legal deadlines where applicable.

Which court is competent if the landlord does not pay?

For many rental disputes the local court (Amtsgericht) is the court of first instance; higher instances are the regional court (Landgericht) and possibly the Federal Court of Justice for appeals.^[3]

How-To

1. Write a clear notice with date, address, subject, reasons and requested action (form).
2. Attach evidence and document all payments and contacts (evidence).
3. Set a reasonable deadline (e.g. 14 days) and announce the next steps (deadline).
4. Try to contact the landlord by phone and summarize the conversation in writing (contact).
5. If the landlord does not respond, prepare documents for a lawsuit at the local court or seek legal counseling (court).

Important notes on deadlines and court

Legal steps follow the rules of civil procedure (ZPO). If a lawsuit becomes necessary, prepare the evidence of payments and the notice as proof. Inform yourself early about jurisdictions: local court for first instance, regional court for appeals, Federal Court of Justice for legal principles.^[4]

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• [2] Zivilprozessordnung (ZPO)
• [4] Bundesgerichtshof (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz: Informationen zu Gerichten
4. [4] Bundesgerichtshof (BGH)