Tenant Questions & BGH Rulings in Germany

As a tenant in Germany you often face questions about defects, termination, rent reduction or utility bills. This guide explains your rights and obligations under tenancy law in practical terms, lists relevant statutory provisions and shows concrete steps such as how to document defects, set deadlines and use necessary forms. It also explains which courts are competent and which BGH decisions can serve as guidance^[4]. Examples and simple wording aids help create letters on time and meet deadlines. If you need legal support, you will find information on local courts^[2] and official contact points. The goal is that you, as a tenant, can make informed and actionable decisions. Read the following sections for concrete templates and practical steps.

Rights and Obligations of Tenants

German tenancy law regulates landlord and tenant obligations in the BGB, especially in §§ 535–580a^[1]. As a tenant you are entitled to contractual use and to rectification of defects; the landlord must keep the apartment habitable. Check your lease for deadlines for reporting defects and for agreements on cosmetic repairs.

Defects, Rent Reduction and Deadlines

If a defect occurs, document it immediately and report it to the landlord in writing. State a deadline for rectification and, if necessary, announce a rent reduction when the defect impairs usability.

• Report repair: Describe damage, date, scope and concrete consequences (repair).
• Secure photos and receipts: Photo documentation, date and witnesses if applicable (repair).
• Set a deadline: 14 days is common, shorter for urgent cases; set a clear short deadline (repair).

If the landlord does not respond, you can consider further steps besides rent reduction, such as self-remedy with cost reimbursement or contacting a conciliation board if available. When taking any steps, follow legal requirements and document all communication in writing.

Forms and Templates

There are official templates or proven samples for many steps, such as defect notices and termination letters. Use standardized wording so deadlines and demands are clearly identifiable. Pay attention to correct addressing and proof of delivery; in certain cases registered mail or delivery by a bailiff is sensible^[3].

FAQ

When can I reduce the rent?

You can reduce it if usability is significantly impaired; document defects and give the landlord a deadline for rectification. See BGB provisions^[1].

How do I terminate correctly as a tenant?

For an ordinary termination, observe the deadlines in the lease and under the BGB and send a signed letter; use a clear termination letter and document the dispatch. Official guidance and forms are available from federal ministries^[3].

Which court is competent for disputes?

Generally the local courts (Amtsgerichte) are competent for tenancy disputes; appeals go to the regional court (Landgericht), and precedent is provided by the BGH^[2][4].

How-To

1. Collect documents (evidence): Gather photos, defect notices, correspondence and bills.
2. Set a deadline and use forms (form): Send a written defect notice with a reasonable deadline and request rectification.
3. File a claim at the local court (court): Only file an eviction or performance claim after unsuccessful out-of-court resolution.
4. Prepare for the hearing (court): Compile evidence and create a chronological case file.

Help and Support / Resources

• Forms (form): Templates and guidance from the Federal Ministry of Justice and Consumer Protection.
• Legal texts (laws): View the Civil Code (BGB) §§535–580a online.
• Court decisions (court): Search BGH decisions on tenancy matters.

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a - gesetze-im-internet.de
2. [2] Zuständigkeit der Amtsgerichte - justiz.de
3. [3] Formulare und Hinweise - Bundesministerium der Justiz und für Verbraucherschutz (BMJ) - bmj.de
4. [4] Bundesgerichtshof (BGH) - Entscheidungen - bundesgerichtshof.de