Tenant Rights 2025 in Germany: Find Comparable Flats

As a tenant in Germany you will often face questions in 2025 about comparable flats, the rent brake, repairs or termination. This guide explains in plain language which rights and obligations you have, how to check comparable flats, which documents help and when template letters are useful. You will receive practical steps to protect deadlines, advice on reporting defects and sample wordings for written notices. The information refers to applicable federal law and shows which courts are responsible and which official forms you can use. Examples and a template letter for rent reduction are included, as well as advice on documenting damages and securing evidence. If necessary, we explain how an eviction lawsuit works and which bodies can provide support.

Rights and Obligations of Tenants

Under the Civil Code (BGB), the landlord must maintain the apartment in a contract-compliant condition; the tenant must pay the rent and treat the apartment with care^[1]. In cases of unjustified rent increases or incorrect application of the rent brake, you should document comparable flats and, if necessary, object. Observe deadlines and send important letters by registered mail.

Rent brake and comparable flats

Check whether the requested rent significantly exceeds the local comparative rent. Collect rental listings and ads as comparisons and note address, living area and equipment features. If in doubt, notes on comparable flats can serve as evidence.

Defects, repairs and rent reduction

Report defects in writing and request a deadline for remedy. Documentation with date, photos and witnesses is decisive. Only in cases of significant impairment of usability may you reduce the rent; specify the concrete impact on use.

Termination, eviction and court proceedings

In the event of termination, check deadlines and reasons carefully; impermissible terminations can be contested. If an eviction lawsuit occurs, the local court (Amtsgericht) is responsible; on appeal the regional court and possibly the Federal Court of Justice apply^[2][3]. Keep all letters and receipts and respond within stated deadlines.

FAQ

Who is responsible for rental disputes?

Generally the local court (Amtsgericht) is responsible; on appeal the regional court and in exceptional cases the Federal Court of Justice.

How do I properly document comparable flats?

Collect listings or exposs, note size, location, equipment and date of the ad as well as screenshots or printouts.

Which forms or templates do I need?

Use template letters for defect notices, objections to rent increases or termination; official information material can be found at the competent ministries.

How-To

1. Set a deadline: Send the landlord a specific deadline for remedying the defect and document the date.
2. Collect evidence: Photograph damages, collect witness contacts and save listings of comparable flats.
3. Use template letters: Draft the defect notice or objection in writing and send it by registered mail.
4. Court action: If necessary, file suit at the competent local court and attach your documentation.

Key Takeaways

• Documentation is the most important protection for tenants in disputes.
• Observe deadlines: do not miss objection or lawsuit deadlines.
• Use official templates and authority information for forms and procedures.

Help and Support / Resources

• §535 BGB – Landlord obligations (gesetze-im-internet.de)
• ZPO – Code of Civil Procedure (gesetze-im-internet.de)
• Federal Court of Justice – Decisions (bundesgerichtshof.de)

1. [1] §535 BGB – Pflichten des Vermieters (gesetze-im-internet.de)
2. [2] ZPO – Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Bundesgerichtshof – BGH Decisions (bundesgerichtshof.de)
4. [4] Federal Ministry of Justice – Forms & Info (bmjv.de)