Tenant Rights in Germany: Guide with Templates

As a tenant in Germany you often face decisions: Should I agree to a termination, request an alternative apartment, or use a template letter to assert my rights? This guide clearly explains when landlords must offer an alternative apartment, what the duty to offer means and which template texts you can use for termination, defect notification or rent reduction. I describe practical steps, name relevant laws and judicial responsibilities and show how to meet deadlines and document evidence. The tips are tailored to everyday life in German cities with tight housing markets and help you assert your rights calmly and avoid unnecessary risks. The examples include concrete wordings and advice on how to proceed with correspondence, viewings and court dates.

What applies to alternative housing and the duty to offer?

The duty to offer does not automatically create a right to another apartment in every situation. Basically, tenancy law in the German Civil Code (BGB) regulates the duties of landlords and tenants, especially in cases of termination and defects^[1]. In cases of modernization terminations or landlord's personal need, it must be examined whether a comparable alternative apartment exists and whether the landlord has made a concrete, reasonable offer.

When must the landlord offer an alternative apartment?

• In case of termination for personal need (notice): if a comparable apartment is available, the landlord must name alternatives.
• In case of modernization termination (rent): check whether the new rent for an alternative apartment is reasonable.
• If the apartment is uninhabitable due to significant defects (repair): the landlord must arrange repairs or alternative accommodation.
• If deadlines are running (deadline): document offers, appointments and viewings in writing.

The jurisdiction for tenancy cases lies in first instance with the Local Court (Amtsgericht), on appeal with the Regional Court (Landgericht) and for fundamental legal questions with the Federal Court of Justice (BGH)^[3]. Procedural rules for lawsuits and eviction are governed by the Code of Civil Procedure (ZPO)^[2].

How to

1. Collect documentation (evidence): photos, defect notifications, lease, correspondence and witness notes.
2. Send a letter to the landlord (notice): use a template letter to report defects or to refuse an unreasonable alternative apartment and demand deadlines.
3. Observe deadlines (deadline): set reasonable deadlines for defect rectification or review of the alternative offer.
4. Seek advice (help): contact the local tenant advice service or the local court for form questions.
5. Final steps before court (court): file a lawsuit at the local court if no agreement is reached or be represented.

Frequently Asked Questions

When can I claim a rent reduction?

For significant defects that reduce the usability of the apartment, you can reduce the rent. Report the defect immediately in writing and set a reasonable deadline for remedy. The legal basis is §536 BGB.^[1]

Must the landlord provide replacement accommodation during modernization works?

Only if the apartment is temporarily uninhabitable or an explicit replacement arrangement has been agreed; otherwise a reasonable alternative may be expected. Evaluate offers and document any unreasonableness.

Who do I contact about eviction?

The lawsuit is handled by the local court; enforcement questions are clarified by the judicial authorities and the responsible bailiff in accordance with the ZPO.^[2]

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – official information

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1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – official information