Tenant Rights: BGH Rulings in Germany

Tenant Associations & Advice Services 3 min read · published September 07, 2025
As a tenant in Germany, you often face questions about tenant rights, rent reduction, eviction or necessary repairs. This compact guide practically explains which BGH rulings are relevant to your daily life, how to meet deadlines, secure documents and which forms you need. We describe step by step when a rent reduction is possible, how an ordinary or extraordinary termination is examined and what duties the landlord has under § 535 BGB. We use clear language, concrete action steps and notes on court dates before the local court or higher instances. At the end you will find FAQs, a short how-to and official links to laws and sample forms.

BGH rulings and their importance for tenants

The Federal Court of Justice (BGH) often decides on disputes that directly affect tenants, for example on rent reduction for heating defects or on the validity of terminations.[2] BGH case law creates precedents: courts at the local and regional level orient themselves by it. For your practice this means that a current BGH ruling can improve your chances in a legal dispute, especially if you document deadlines and evidence carefully.

In many cases the concrete documentation of defects determines the success of a rent reduction.

Key rights: Termination, rent reduction, repairs

Protection against termination and deadlines

With a termination, first check whether formal requirements are met and whether rent increase or owner-occupation terminations are legally sound. Pay attention to objection deadlines and whether the termination is in writing.

  • Check the termination justification and the delivery date carefully to meet deadlines.
  • Consider submitting a statement or objection within the set deadlines.
  • Seek legal advice early from tenant associations or advice centers.
Always respond to terminations within the deadlines, otherwise rights may be lost.

Rent reduction: When and how much?

A rent reduction may be possible if living quality is significantly impaired by defects. The decisive factors are the type, duration and scope of the defect.

  • Document defects immediately with date and photos or videos.
  • Inform the landlord in writing and set a reasonable deadline for remedy.
  • Keep a record of all communications and payment receipts.
A graduated rent reduction is enforceable in court only with clear documentation and deadline setting.

Repairs and landlord obligations

The landlord is obliged to maintain the rental property in a contractual condition (§ 535 BGB). This includes functioning heating, intact sanitary facilities and safe electrics.

  • Report defects immediately in writing and name a deadline for repair.
  • Keep copies of all reports and responses.
  • In case of acute hazards (e.g., gas, water line) contact emergency services immediately and document the response.

Which courts are competent?

Tenancy disputes usually start at the local court; appellate cases are decided by the regional court. For fundamental questions the BGH publishes decisions that have directive effect.[3]

Important documents and a chronological file make communication with court and counsel easier.

FAQ

I have mold in the apartment. Can I reduce the rent?
Yes, mold can impair living quality. Document the problem, report it in writing and set a deadline for remedy. A rent reduction is possible and depends on the extent and duration of the defect.
What to do in case of an extraordinary termination?
Check the justification immediately, keep the termination, and seek legal advice. Respond within deadlines and file an objection if necessary.
Which forms do I need for lawsuits or objections?
Often a formal notice of termination, defect reports and a statement of claim suffice; for templates and official guidance consult official authorities.

How-To

  1. Document defects immediately with date, photos and witnesses.
  2. Send a written defect notice to the landlord and set a clear deadline.
  3. If there is no response, record further damage and contact advice centers or tenant organizations.
  4. If necessary, file a claim at the competent local court using the documented evidence.
  5. Keep all receipts and decisions for possible appeals.

Key takeaways

  • Documentation often matters more than an initial assessment.
  • Deadlines and formal requirements are binding and must be observed.
  • BGH rulings can significantly affect success in individual cases.

Help and Support / Resources


  1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
  2. [2] Decisions of the Federal Court of Justice — bundesgerichtshof.de
  3. [3] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
  4. [4] Federal Ministry of Justice – Forms and Information — bmj.de
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.