Tenant Rights in Germany: BGH Case Law Guide

As a tenant in Germany, you often face questions about rent increases, eviction, or defect remediation. This practical guide explains which rights and obligations arise from tenancy law and relevant BGH decisions, how to document evidence, and which deadlines apply. I describe concrete steps for rent reduction, objection to evictions, enforcing repairs, and preparing a possible proceeding before the local court. Details on official forms and where to turn are included. Language and examples are kept simple so that tenants in Germany can make informed decisions and assert their rights confidently. Useful links and template texts are found below.

What tenants need to know

German tenancy law is mainly regulated in the German Civil Code (BGB), especially the provisions on rent, duties and defects.^[1] Many tenancy disputes are decided by the local court; the local court is usually the first point of contact for actions such as rent reduction, protection against termination or eviction suits.^[2] In disputed or complex cases, earlier decisions of the Federal Court of Justice (BGH) can clarify the legal situation.

Rights for defects and rent reduction

If the apartment has defects (no heating, mold, significant water damage), tenants have rights to remedy and possibly rent reduction. Important: document the defect, inform the landlord in writing and set a deadline for remedy. If no remedy occurs, you may reduce rent or demand compensation.

• Document defects with photos, date and written notes.
• Inform the landlord in writing and request a deadline for repair.
• Calculate rent reduction appropriately and record periods and amounts.

Termination, eviction and deadlines

For terminations, form and justification matter: ordinary terminations must meet notice periods; extraordinary terminations require an important reason. In case of threatened eviction, quick steps are necessary: check objections, possibly apply for legal aid and prepare evidence. BGH decisions can influence the interpretation of specific termination reasons.^[3]

• Check deadlines immediately and respond in writing within the set period.
• If served with a lawsuit or eviction notice, inform counseling services or attorneys promptly.

Official forms and when to use them

• Application for Legal Aid (Prozesskostenhilfe, PKH): form to request financial support for court proceedings; useful if you want to file a claim but cannot afford costs. Forms and information are available via the justice portal.
• Written defect notice (no nationwide standard form): create a simple letter with defect description, date and deadline; many local court or state justice pages offer templates.

FAQ

Can I reduce the rent?

Yes, for significant defects not remedied by the landlord a rent reduction is possible; document the defect and set a reasonable deadline.

How do I defend against a termination?

Check the form, deadline and reason for termination, file objections and collect evidence; consider legal advice.

When is the local court responsible?

The local court is typically the first instance for tenancy disputes such as rent reduction, eviction suits and minor claims.

How-To

1. Document defects: photos, date, affected rooms and description.
2. Notify the landlord in writing and request a remedy deadline.
3. Calculate and justify any rent reduction; keep payment records ready.
4. Apply for legal aid if needed and prepare documents for the local court.
5. If eviction is imminent, seek legal advice and support services immediately.

Key Takeaways

• Good documentation strengthens your position in disputes.
• Observe deadlines carefully to preserve rights.
• Use official resources for legal aid forms when applicable.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Justice portal – Courts and forms

1. [1] Gesetze im Internet: BGB
2. [2] Justizportal: Local courts and information
3. [3] Federal Court of Justice: Decisions