Tenant Rights in Germany: BGH Rulings Explained

Many tenants in Germany face complex cases: rent increases, termination, defects or eviction. In such situations, not only statutes help but also concrete BGH rulings and complete documentation. This guide explains practically which documents to collect, which deadlines apply and how to use forms correctly so your case is understandable before a local court or regional court. The language remains clear; legal terms are explained simply. At the end you will find a step-by-step how-to, frequently asked questions and official links to the BGB, ZPO and courts in Germany so you can act more confidently or seek targeted advice. If you are a member of a tenants' association or contact an advisory center, completeness of your documents greatly facilitates advice. Read on for concrete examples and sample texts.

What to collect immediately

For complex tenancy disputes: complete, chronological records increase your chances in court. Collect contracts, payment receipts, photos and all landlord letters as well as your own emails or letters and note appointments.

• Tenancy agreement and addenda (all pages and annexes).
• Receipts and transfer records for rent payments and deposit.
• Correspondence with the landlord: emails, letters and handover protocols.
• Photos or videos of defects with date and short description.
• Deadlines, appointments and witness details, ideally as a date log.

Legal basics and competent authorities

German tenancy law is found in the BGB (§§ 535–580a).^[1] Procedural rules for lawsuits and evictions are in the ZPO.^[2] Important precedents come from the Federal Court of Justice (BGH), which are often decisive for contract interpretation.^[3]

Forms and templates — what you need

Some standard proceedings use template forms or recommended text samples. Examples:

• Termination letter (template): wording for ordinary or extraordinary termination; in practice: date, clear reason, desired termination date and signature. Official guidance is available on federal ministry and court sites.^[4]
• Written defect notification: describe defect, set a deadline for remedy (e.g. 14 days) and request remediation.

If a dispute goes to court, prepare an ordered file with chronological structure: cover sheet, table of contents, contracts, payment records, photos, correspondence, deadline log, and witness nominations if applicable.

When BGH rulings matter

BGH decisions often clarify interpretation issues such as cosmetic repairs, service charges or rent increases. Use relevant rulings to support arguments — your lawyer or tenants' association can research suitable decisions.^[3]

FAQ

What is important in an extraordinary termination?

Key evidence: serious defect or significant breach of duty; document date, nature of the incident and any witnesses.

Which documents does the local court need?

Complete tenancy agreement, payment receipts, correspondence, photos, deadline notices and your letter to the landlord; structure everything chronologically.

Where can I get advice?

Tenants' associations, local advisory centers and local courts are first points of contact; use official information pages of the federal government and the judiciary.

How-To

1. Document defects immediately with photo/video and record date and time.
2. Send a formal defect notification to the landlord and set a clear deadline for remedy (e.g. 14 days).
3. Collect all receipts and arrange them chronologically in a file for court or advice.
4. Contact a tenants' association or local advisory center if you are unsure.
5. If necessary, file a claim at the local court; prepare an organized dossier with all evidence.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Laws in the Internet (BGB, ZPO)
• Federal Court of Justice (BGH)

1. [1] Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Decisions and info — bundesgerichtshof.de
4. [4] Federal Ministry of Justice and Consumer Protection — bmjv.de