Tenant Rights for Construction in Germany

Tenants in Germany often face questions when construction causes disruption: when must landlords announce work, which intrusions must tenants tolerate, and when is rent reduction possible? This practical guide explains in plain language which rights and duties apply, how to report defects in writing and set deadlines. It describes when disturbances reduce the usability of the dwelling so much that a rent reduction is justified, and how to proceed step by step with the landlord or in court. Use the tips to secure evidence, meet deadlines and act correctly in disputes before the local court.

What may landlords do during construction?

Landlords may carry out construction when necessary or contractually agreed. They must respect tenant rights: notification, reasonable times and minimizing disruption. The duty to maintain the rental property is found in the BGB, as are basics for rent reduction when usability is affected^[1].

Tenant rights: rent reduction, access, deadlines

If noise, dust or interrupted services impair use, rent reduction may be possible. Tenants should first report defects in writing and set a reasonable deadline for remedy. If the landlord does not comply, taking the matter to the local court is possible^[2]. Good documentation is decisive: photos, noise logs and correspondence.

• Send a written defect notice with a deadline and document the deadline.
• Collect photos, dates and logs as evidence.
• Calculate rent reduction and deduct proportionally; seek legal clarification if necessary.
• Limit unannounced entry by workers; consent only for urgent cases.

Forms and templates

There are no mandatory forms for every case, but the following official resources and templates are useful:

• Termination letters / sample letters: Use templates for timely letters to the landlord (e.g., orientation material from the Federal Ministry of Justice).
• Payment order & court documents: Standard court instruments exist for unpaid claims or eviction suits; consult the local court for details.

Examples and practical steps

Practical approach: 1) document the defect, 2) inform the landlord in writing and set a deadline, 3) if necessary apply a rent reduction and collect evidence, 4) if no remedy consider legal action at the local court^[2].

FAQ

Can I reduce the rent because of construction noise?

Yes, if usability is significantly impaired. First report defects in writing, set a deadline and collect evidence. There is no flat rate; the local court decides in disputes.^[1]

Must I tolerate construction work in my apartment?

Generally only if it is justified and announced or contractually agreed. Stricter rules apply for urgent repairs. Unannounced entry should not occur without legal basis.^[1]

Where do I file an eviction suit?

Eviction suits and tenancy disputes are first heard at the competent local court; appeals go to the regional court and possibly the Federal Court of Justice.^[3]

How-To

1. Document defects: take photos, note dates, durations and effects.
2. Send a written defect notice to the landlord and set a reasonable deadline.
3. Wait within the set deadline for a response or remedy and plan further steps.
4. If no remedy, use evidence and consider filing a claim at the local court.

Important procedural notes

If you consider legal action, seek early advice and check deadlines in the Civil Procedure Code (ZPO). Decisions of the Federal Court of Justice may be relevant for appeals^[3].

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection – BMJ
• Laws on the Internet – BGB and other statutes
• Federal Court of Justice (BGH) – Case law in tenancy law

1. [1] BGB – Civil Code on gesetze-im-internet.de
2. [2] Information on local courts and procedures on justiz.de
3. [3] Federal Court of Justice – rulings and guidance
4. [4] Federal Ministry of Justice and Consumer Protection – forms and services