Tenant Rent Reduction Checklist — Germany

As a tenant in Germany you should know before signing the lease how to report defects and legally reduce rent. This text explains step by step which deadlines apply, which documents and evidence you should collect and how to react informally or using concrete forms. We show when a rent reduction is possible, what obligations the landlord has and how to draft a letter correctly so that your rights hold up in court. Use the guidance to avoid contract errors and resolve disputes early.

What rent reduction means and which laws apply

Rent reduction means lowering the rent when the rental property has defects that impair its suitability for contractual use. The basis is the provisions in the German Civil Code (BGB), in particular § 535 et seq.^[1]

Before signing: checklist

• Confirm viewing appointment (calendar) and document defects immediately.
• Take photos and videos (evidence) as evidence.
• Report defects in writing (notice) by email or registered mail and set a deadline.
• Check deposit and payment terms (rent) in the contract.

How to write a defect notice correctly

State clearly which defects exist, since when they have existed and what remedy you expect. A defect notice does not usually require a special form; secure proof of dispatch and any reply. Set a reasonable deadline for remedy, e.g. 14 days, and indicate that you will reduce the rent if the defect is not remedied.

Deadlines, evidence and the path to rent reduction

• Set a deadline (deadline), e.g. 14 days to remedy the defect.
• Collect evidence (evidence): photos, dates, witnesses and correspondence.
• Judicial clarification (court) only after careful documentation; local courts (Amtsgericht) are competent for tenancy disputes.

When to go to court? Procedure and forms

If the landlord does not respond or refuses to remedy the defect, you can file a lawsuit. The Code of Civil Procedure (ZPO) is relevant; eviction actions and tenancy disputes are usually heard at the local court.^[2][3]

Important official forms and templates

• Termination letter / termination template (form) from court or ministry portals for standard terminations; use official guidance if needed.
• Lawsuit form for civil claims (form) at the competent local court; check submission methods at the court.

FAQ

When can I reduce the rent?

When the living quality is significantly impaired by a defect and the landlord does not respond within a reasonable deadline.

Does the defect notice have to be in writing?

A written notice is recommended because it provides proof; however, notice is generally possible without a special form.

From when does the rent reduction apply?

Usually from the time the landlord knew or should have known about the defect.

How-To

1. Describe the defect in writing and send the notice with a deadline (notice).
2. Collect evidence: photos, dates, witnesses, correspondence (evidence).
3. Wait the set deadline; document any further contacts (deadline).
4. If no solution occurs, consider filing a lawsuit at the local court and use a complaint form if necessary (court).

Help and Support / Resources

• [1] BGB §535 — gesetze-im-internet.de
• [2] ZPO — gesetze-im-internet.de
• [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
• [4] Court information — justiz.de

1. [1] BGB §535 — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Court information — justiz.de