Tenant Rights: Allow Elevator Installation in Germany
As a tenant in Germany, you may face special questions when the landlord wants to install an elevator in a listed building. This situation touches on tenancy law, monument protection rules and often modernization regulations — it affects your living conditions, possible rent adjustments and deadlines for consent or objection. This guide explains clearly what rights tenants have, how negotiations with the landlord can proceed, which authorities are involved and what practical steps you should take to keep your living situation safe and minimize legal risks.
What applies legally?
Generally, tenancy law in the BGB regulates landlord and tenant duties, for example during modernizations and interventions in the rented property. Landlords may announce modernizations but must consider the balance of interests and inform in writing. Especially for monument protection, additional approvals from the monument authority are required; tenants' obligations to tolerate depend on the individual case and clauses agreed in the lease.[1]
Practical steps for tenants
Before you consent, review the announcement in writing: scope of work, duration, concrete disruptions, compensation or rent reduction and deadlines for comment. Seek a conversation with the landlord, request detailed construction plans and a schedule and demand written commitments on protection measures for your apartment.
- Request the landlord's written announcement and information scope.
- Document condition and damage before start with photos and named witnesses.
- Clarify compensation or reduction agreements in writing and note deadlines.
- Contact the local monument authority if there are uncertainties about the permit.
Negotiating — what tenants should watch
In negotiations, realistic goals are important: reduced rent during significant disruptions, time limits for the works and clear agreements on protection and restoration. Written agreements provide security; without agreement, the local court often becomes the final instance to decide tenancy disputes under the ZPO.[2]
Forms and authorities
There is no single official "consent form" for tenants, but certain forms and offices are relevant for court actions and official questions:
- Lawsuit/complaint filed at the competent local court (for disputes over consent or rent reduction).
- Application for interim relief under the ZPO if serious disadvantages are imminent.
- Written notice to the local monument authority if monument law questions are unclear.
- No standard form for rent reductions — report impairments in writing with a deadline.
Example: You receive an announcement with a start in eight weeks. Reply within a short time, request exact dates and announce a rent reduction in case of major disruptions if no adequate protective measures are agreed.
FAQ
- Can the landlord simply install the elevator?
- Not automatically: In listed buildings approvals are required and tenants have rights to information and participation; lease clauses can affect the duty to tolerate.
- Can tenants demand compensation?
- Yes, for significant disruptions compensation or rent reductions are possible; specific claims depend on the extent of the disturbance.
- Where do I turn in case of dispute?
- For tenancy disputes the local court (Amtsgericht) is responsible; for monument protection questions contact the relevant state monument authority.
How-To
- Check the announcement carefully and note deadlines and scope of work.
- Request construction plans, schedules and protection measures from the landlord in writing.
- Document the condition of your apartment before start with photos and witnesses.
- If no agreement: consider legal steps and contact the local court or a counseling service.
Help and Support
- Civil Code (BGB) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet
- Federal Court of Justice (BGH) – Decisions
