Tenant Rights: Document Accessible Bath in Germany
As a tenant in Germany, it is important to carefully document changes to a bathroom that add accessible features, especially in buildings with a condominium owners' association (WEG). Good documentation protects your rights when requesting repairs, in disputes with the owner, or when seeking consent for structural changes. This article explains which evidence is useful — photos, dated logs, written defect notices and witnesses — how to proceed formally and which authorities or courts you may contact. The guidance follows relevant tenancy law in Germany and offers practical steps so you as a tenant can represent your interests clearly and with proof.
Why document?
Documentation creates proof when you report defects, claim rent reduction, or request consent for modifications. Relevant are the regulations on leases and defects in the BGB and procedural rules of the ZPO.[1]
What to document?
- Photos and measurements (photo, evidence): Multiple images from different angles, measurements and date stamps.
- Dates and deadlines (deadline): Date discovered, deadlines for remediation and appointment dates for contractors.
- Written defect notice (notice, form): Letter or e-mail to landlord/owner with description, demand and a deadline.
- Invoices and estimates (repair): Estimates, repair invoices and receipts for work you paid for.
- Communication (call, contact): Records of conversations, contact names and messages sent.
- Witnesses and condition reports (court, evidence): Neighbors or visitors who can confirm limitations caused by the bathroom.
In WEG buildings it is also important how the owner acts: often the owners' association must agree before permanent structural changes can be made. Document every written approval or refusal from the owner.
Formal steps and forms
For tenants the written defect notice is the central document. There is no uniform mandatory form, but a helpful template includes date, precise description, request for remedy and a reasonable deadline. Example: "Dear landlord, on [date] the following defect exists: [description]. Please remedy the defect by [deadline]." If deadlines pass, document the lack of response and consider further steps (rent reduction, contractor estimates, legal action).[1]
FAQ
- Can I as a tenant carry out accessible modifications myself?
- Generally you need the owner’s consent for permanent structural changes; for WEG buildings a resolution by the owners' association may also be required.
- Which evidence is most helpful in a dispute?
- Photos with dates, written defect notices, repair invoices and witness statements are considered persuasive.
- Which court do I address for a claim over unremedied defects?
- Most tenancy disputes are handled by the local Amtsgericht; appeals proceed to the Landgericht and possibly the BGH.[2]
How-To
- Take photos: Record condition, measurements and visible damage with date information.
- Send written defect notice: Describe the defect, set a deadline and request a response.
- Log communication: Record names, times and content of talks with landlord or owner.
- Obtain estimates: Secure multiple quotes for necessary adaptations as documentation.
- If no response, consider legal steps: Seek advice and possibly file at the local Amtsgericht.
Help and Support
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH)