Tenant Rights: Enforcing Rent Reduction in Germany
Many tenants in Germany face the question of how to enforce a rent reduction when the apartment has defects or agreed amenities are missing. Without a lawyer, this is possible if you proceed systematically: document defects, ask the landlord in writing to remedy them, set deadlines and, if necessary, reduce the rent appropriately or safeguard the difference. This article explains practical steps, relevant legal bases and which documents help in court or at the local court. It is aimed at tenants without legal knowledge and gives wording examples, deadlines and official sources in Germany so you can assert your claim factually and securely. Read on for step-by-step instructions.
What is a rent reduction claim?
A rent reduction claim arises when the rental property has defects that affect its use. According to the rules of tenancy law in the BGB, the rent may be reduced up to the extent of the impairment.[1] In many cases the situation can be resolved without immediate litigation if the landlord is requested to remedy the defect or an amicable solution is found.
Preparation: Evidence and deadlines
Good preparation increases the chance of enforcing the claim without a lawyer. Collect clear evidence, document deadlines and inform the landlord in writing.
- Photographically document defects (document, photo).
- Send a written defect notice and set a deadline (notice, form).
- Record deadlines: date of notification and deadline for remedy (deadline).
- Secure payment receipts and previous rent payments (rent, payment).
- Note witnesses, janitor or neighbors as contacts (call, contact).
Written defect notice: wording and deadline
Write briefly and factually: describe the defect, state the date and request a reasonable deadline for remedy (e.g. 14 days). Name possible consequences, such as rent reduction if no remedy occurs. Send the letter by registered mail or by email with read receipt and keep proof.
How much can you reduce the rent?
The amount of the rent reduction depends on the degree of impairment and is estimated proportionally in practice. There is no fixed table in the law; courts and BGH case law provide guidance.[3] If in doubt, document the extent and duration of the defect and, if necessary, obtain an estimate or advice.
If the landlord does not respond
If the landlord does not respond adequately within the set deadline, you can make a reasonable rent reduction and withhold the reduced amount separately. Another option is to initiate court proceedings at the local court (Amtsgericht), which handles tenancy disputes in the first instance.[2]
Examples: wording
Short template for a defect notice:
- Dear Mr/Ms X, on DATE the following defect exists: DESCRIPTION. Please remedy the defect by DATE (14 days). If you do not respond, I hereby announce that I will reduce the rent appropriately.
FAQ
- Can I reduce the rent immediately?
- Yes, as soon as a significant defect exists, you can reduce the rent; document the defect and inform the landlord in writing.[1]
- Do I necessarily need a lawyer?
- Not always; many cases can be resolved through documentation and clear letters. For complex disputes or eviction suits, legal advice is recommended.
- Where is a case heard if it goes to court?
- Tenancy disputes are heard in the first instance at the competent local court; appeals go to the regional court and possibly to the Federal Court of Justice.
How-To
- Collect evidence: photos, dates, witnesses.
- Send a written defect notice with a deadline.
- Wait the deadline and document all timelines.
- Calculate rent reduction and secure the reduced amount separately.
- Inform the local court or file a claim if necessary (court, hearing).
- If eviction is threatened, respond promptly and prepare defense documents.
Help and Support
- Bürgerliches Gesetzbuch (BGB) on Gesetze im Internet
- Zivilprozessordnung (ZPO) on Gesetze im Internet
- Federal Court of Justice (BGH) – Decisions on Tenancy Law
