Tenant Rights: BGH Rulings in Germany
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.
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.
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.
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]
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
- Document defects immediately with date, photos and witnesses.
- Send a written defect notice to the landlord and set a clear deadline.
- If there is no response, record further damage and contact advice centers or tenant organizations.
- If necessary, file a claim at the competent local court using the documented evidence.
- 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
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
- Federal Ministry of Justice – Forms and Templates