Tenant Priority Levels Explained - Germany
Rights, urgency and quick steps
When a defect occurs, the obligations and rights of the tenant and landlord are governed by the lease and the German Civil Code [1]. Urgency often determines deadlines and whether immediate action is possible. In cases of health risk, loss of heating in winter or water damage, quick action is required; cosmetic repairs can usually wait longer.
- Photograph the damage and collect evidence.
- Send a written defect notice to the landlord with a clear deadline.
- Set a deadline: common periods are 7–14 days for acute problems.
- If there is no response, consider whether legal action is required after the deadline.
For concrete legal bases see §§ 535–580a BGB [1] and civil procedure rules for claims [2]. Information on the Wohnberechtigungsschein and eligibility is in housing promotion law [3]. Operating costs and heating cost rules are governed by the Betriebskostenverordnung [4].
Important forms and examples
Form: Application for a Wohnberechtigungsschein (WBS) — submitted to the city or municipality; example: a family with low income applies for a WBS to check eligibility for subsidized housing [3].\nForm/Procedure: Filing a lawsuit at the competent local court (e.g., an eviction suit) — the claim is filed according to the ZPO; example: a landlord files an eviction suit, the tenant must respond within deadlines and may seek legal advice [2].\nNote: There is no single official template for defect notices, but a written notice with date, description and deadline is practical and effective.
FAQ
- When is a repair considered urgent?
- A repair is urgent if it affects health or basic services (e.g. heating in winter, water, electricity); then the landlord should be informed immediately and you can set short deadlines.
- How do I set a deadline for defect remediation correctly?
- Write a clear defect notice with description, date and an appropriate deadline (e.g. 7–14 days for acute defects) and document sending and receipt.
- What is the WBS and when do I need it?
- The Wohnberechtigungsschein (WBS) is proof of entitlement to subsidized housing under the WoFG; low-income families apply for the WBS at the municipal authority to access social housing [3].
How-To
- Collect evidence: photos, dates, witnesses and copies of all messages.
- Send a formal defect notice to the landlord with a clear deadline.
- Set an appropriate deadline (e.g. 7–14 days) and announce possible steps if the defect is not remedied.
- In case of danger: arrange immediate measures (e.g. emergency service) and seek reimbursement from the landlord.
- If the landlord does not respond, prepare for rent reduction or a lawsuit and contact the local court or advice centre.
Key Takeaways
- Documentation is often decisive for success in disputes.
- Differentiate between urgent and non-urgent defects.
- For WBS applications and court actions contact the responsible authorities.