Tenant Rights in Germany: Fairness & Respect
Basic Rights and Duties for Tenants
The rental contract and the German Civil Code (BGB) regulate the basic rights and duties of tenants and landlords. Important rules on tenant obligations, landlord maintenance duties and rent reduction can be found in §§ 535–580a BGB.[1] Check your rental agreement, note deadlines and document all notifications in writing.
Rights for Defects and Repairs
If something is broken or the dwelling becomes uninhabitable, you should proceed systematically: report the defect, set a deadline, document and, if necessary, consider rent reduction.
- Report defects to the landlord in writing and set a deadline for remedy.
- Document photos, dates and witnesses as evidence.
- Specify a reasonable deadline (e.g. 14 days) and document the deadline setting.
- For persistent defects, check and calculate possible rent reduction.
- If the landlord does not respond, a court case at the competent local court may follow.
Termination, Rent Increase and Eviction
Terminations and eviction lawsuits have formal requirements and deadlines. For ordinary terminations and formal letters there are templates (e.g. termination letter templates from the Federal Ministry of Justice) that help you act correctly in form.[2] If an eviction lawsuit follows, the local court (Amtsgericht) is responsible; courts decide on eviction and further measures.[3]
What to do if you receive an eviction lawsuit?
Check the lawsuit immediately, note objection deadlines, collect evidence and seek legal advice. Do not prematurely return rent out of fear; instead clarify open points factually and with documentation.
FAQ
- Can the landlord increase the rent at any time?
- A rent increase is only possible under certain conditions and according to legal rules; often a modernization notice or an agreement in the rental contract is required.
- How long do I have to report a defect?
- Defects should be reported immediately, preferably in writing; give the landlord a specific deadline (e.g. 14 days) to remedy the defect.
- What should I do if I receive an eviction lawsuit?
- Check the lawsuit immediately, file an objection in time if necessary, gather evidence and obtain legal advice.
How-To
- Collect evidence: photos, dates, witnesses and written notifications.
- Inform the landlord in writing and set a clear deadline for remedying the defect.
- If there is no response, plan the next steps within the set deadline (rent reduction, involving a lawyer).
- For legal disputes, prepare your files and file a claim or defense at the competent local court.
Help and Support
- Gesetze im Internet — German Civil Code (BGB) and relevant provisions.
- Federal Ministry of Justice — template letters and legal information for tenancy relationships.
- Federal Court — decisions on fundamental tenancy law issues.