Tenant Rights: Elevator Installation in Germany 2025

Tenants in Germany often face many questions when elevator installations are planned: Do I have to tolerate access and construction work, which costs may the landlord pass on, and when can I contest the measure? This article explains the legal situation in plain language, typical deadlines and the main official forms that can matter in court or at the local court. It describes practical steps for preserving evidence, how to document defects, which objection formats exist and when a filing at the local court makes sense. The goal is that you as a tenant recognise your rights and decide more confidently whether tolerance is required or contesting is promising.

When tenants must tolerate an elevator installation

In principle, a landlord may carry out modernization measures that increase the usability of the rental property; at the same time tenants have protective rights under the BGB, especially concerning the preservation of usability and permissible cost allocation.^[1] Whether you must tolerate individual construction measures depends on the type, scope and impairment; courts have developed concrete standards.^[3]

When contesting is possible

Contesting the measure or objecting to the cost allocation is possible if formal errors exist, the measure is disproportionate or the tenant's legitimate interests prevail. For court action, civil procedure rules under the ZPO apply; deadlines for lawsuits must be observed.^[2]

Important deadlines and forms

In disputes, deadlines, forms and correct filing are decisive. Use official lawsuit forms for court action and note the deadlines stated in the modernization notice.

• Observe deadlines for objections and lawsuits (usually weeks to months).
• Check cost participation: which modernization costs the landlord may allocate.
• Lawsuit form (civil complaint) for contesting or an eviction claim at the local court^[4].

Practical steps

• Collect photos, the tenancy agreement, the modernization notice and all communication as evidence.
• Send the landlord a formal written objection with date and reasons.
• Record all deadlines and appointments in a calendar to avoid missing any time limits.
• Consider legal advice from an official service or the local court for complex cases.

FAQ

Do I always have to tolerate the elevator installation?

No. Tolerance can be required under certain conditions, but tenants have protective rights against disproportionate intrusions and impermissible cost allocation.^[1]

Who pays for the elevator?

Parts of modernization costs may be allocated under certain conditions, depending on the measure and contractual arrangements; check the notice and request cost evidence.

How long do I have to contest?

Deadlines vary; for court action the deadlines of the ZPO and regional rules apply, check the deadline in the notice and act promptly.^[2]

How-To

1. Check the modernization letter for deadlines, scope and justification.
2. Document all impairments with photos and a defect protocol.
3. Send a written objection to the landlord and request cost evidence.
4. If necessary, file a lawsuit at the competent local court using the official complaint form.^[4]

Help and Support / Resources

• Gesetze im Internet: BGB §§535–580a
• Justice Portal: Forms for civil proceedings
• Federal Court of Justice: Decisions and case law

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1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof: Decisions
4. [4] Justice Portal: Complaint forms and templates