Tenant Rights in Germany: Challenging Living-Area Errors

How tenants check the living area

Before objecting, tenants should check the stated figures and measure themselves. Use a tape measure or laser, note width and length of each room and draw a simple floor plan. If areas with slopes, balconies or ancillary rooms are unclear, document them with photos and written notes.

• Document all measurements with photos and a floor plan.
• Compare the contractually stated area within a few weeks of discovery.
• Check the lease for the defined method of area calculation (living or usable area).

Common errors and examples from big cities

In cities like Berlin or Munich, different measuring methods, uncounted balcony shares or incorrectly rounded values often cause discrepancies. Here are some examples and their consequences.

• Balcony areas were counted at half instead of as contractually agreed.
• A floor with roof slope was counted entirely even though only partial areas should be counted.
• Higher rent was charged based on an overstated area.

Relevant laws and courts

Tenancy law in the German Civil Code (BGB) regulates landlord and tenant duties and rights such as rent payment and defects.^[1] Court proceedings follow the Code of Civil Procedure (ZPO).^[2] Tenancy disputes usually start at the local court (Amtsgericht); higher instances are the regional court (Landgericht) and, for fundamental issues, the Federal Court of Justice (BGH).

Practice: sample forms and steps

Important forms include termination letters and filings for lawsuits; the Federal Ministry of Justice provides official guidance and templates.^[3] A typical tenant flow: re-measure, inform landlord in writing, set deadlines, secure evidence, and if needed, file a suit at the local court.

• Termination letter (template): used when you want to end the lease.
• Civil claim form: used for disputes about reimbursement or rent reduction.
• Evidence log: photos, floor plan and payment receipts as proof.

How to challenge a living-area error

Set a deadline for the landlord to respond and correct the stated area. If no agreement is reached, you can adjust the rent (rent reduction) or claim reimbursements. In court you present your measurement data and may request an expert appraisal.

FAQ

What is a living-area error?

A discrepancy exists when the actual usable or living area differs from the area stated in the lease.

What deadlines apply for objections?

Tenants should act promptly after discovery; deadlines vary by case. If a claim may expire, a quick written notice is recommended.

Can I claim rent back?

Yes. If the area was miscalculated and you paid too much, reimbursements are possible; often a lawyer or the local court can help clarify.

How-To

1. Check and note the area stated in the lease.
2. Measure all rooms and document with photos and a floor plan.
3. Inform the landlord in writing, state the discrepancy and set a deadline.
4. Wait for a response and gather evidence; if necessary, commission an expert report.
5. File a claim at the competent local court if no agreement is reached.
6. Implement any judgment and document the resolution.

Key Takeaways

• Documentation is the most important evidence in a dispute.
• Watch deadlines and act promptly.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Ministry of Justice – templates and guidance

1. [1] Gesetze im Internet — BGB
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesministerium der Justiz — BMJ