Tenant Rights in Germany: Practical BGH Cases

As a tenant in Germany you will often face questions about rent increases, eviction or apartment defects. This practical guide explains how relevant BGH decisions and legal rules operate in practice and what concrete steps you can take. You will receive simple explanations of landlord duties, deadlines, evidence documentation and typical forms needed before local court or in objection cases. The aim is to make complex matters understandable so you can assess chances and risks and make effective decisions. The advice is action-oriented and aimed at tenants without legal background in Germany. Practical examples and wording tips for defect notices or response letters help you act immediately.

Key Rules

Landlord duties and tenant rights are regulated in the BGB; core rules on use, maintenance and duties can be found in §§ 535–580a BGB^[1]. In disputes the local court (Amtsgericht) decides first, appeals go to the regional court (Landgericht) and precedents are often set by the Federal Court of Justice (Bundesgerichtshof).^[3]

Common Problems and Practical Steps

For defects

If the apartment has defects (e.g. mold, heating failure, water damage), document the condition immediately and notify the landlord. Request a deadline for repair in writing and set a reasonable time frame.

• Take photos with timestamps and store them securely.
• Inform the landlord in writing and set a deadline.
• If necessary after the deadline: have specialists inspect the issue.
• If defects persist, consider rent reduction or cost reimbursement.

Rent increases and statements

Rent increases must be formal and timely; service charge statements are subject to the Operating Costs Regulation and Heating Costs Ordinance^[4]. Check receipts and compare previous years.

• Review rent increase notices in writing and respect deadlines.
• Request evidence for annual service charge statements.

Eviction and termination

For terminations check form and delivery; eviction lawsuits follow the rules of civil procedure before the local court (Amtsgericht)^[2]. Early legal advice is often worthwhile because BGH case law clarifies details on termination reasons and owner occupancy.^[3]

FAQ

What can I do if the heating stops working?

Document the issue, inform the landlord immediately, set a repair deadline; if not fixed consider rent reduction.

Do I have the right to see service charge receipts?

Yes, as a tenant you have the right to inspect the documents for the operating cost statement.

When is the tenants' association helpful?

For complex disputes, negotiations and when legal support is needed; membership often provides advice and assistance.

How-To

1. Step 1: Document the defect and note the date.
2. Step 2: Inform the landlord in writing and set a deadline (e.g. 14 days).
3. Step 3: If no response, obtain an expert opinion or hire a specialist.
4. Step 4: If necessary, prepare a claim at the local court and secure evidence.

Help and Support

• Forms and laws: BGB
• Federal Court of Justice (court): Decisions
• Local courts: Justice portal (contact)

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1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Bundesgerichtshof - bundesgerichtshof.de
4. [4] Betriebskostenverordnung (BetrKV) - gesetze-im-internet.de