Tenant Rights in Germany: Stairlift Planning 2025

As a tenant in a German big city you often face questions when it comes to installing a stairlift. Many believe the landlord must automatically agree or that public funding always applies. In fact, tenancy law and regulations on barrier-free housing govern consent questions, cost allocation and possible substitute procedures if no agreement is reached. This article explains in practical terms what rights tenants have, how to file an application, which deadlines apply and which courts are competent to resolve disputes. I also explain which documents are useful and how to collect practical evidence.

Common Misconceptions

Many tenants encounter the same misunderstandings. These brief clarifications help set expectations.

• The landlord must always and immediately consent.
• Funding always covers all installation costs.
• A stairlift is always a modernization that justifies a rent increase.

Legal Basis

The duties of landlord and tenant are regulated in §§ 535–538 of the German Civil Code (BGB). ^[1] There you will find the basis for maintenance obligations, changes to the rented premises and when a tenant may act independently. For court proceedings, the Code of Civil Procedure (ZPO) is relevant, for example if an eviction claim or a substitute judgment is necessary. ^[2] Tenancy disputes are initially heard at the competent local court (Amtsgericht); for questions of fundamental importance the case can reach the Federal Court of Justice (Bundesgerichtshof, BGH). ^[3]

Practical Steps for Tenants

Follow this systematic approach when planning a stairlift:

• Inform the landlord in writing and describe the planned measure.
• Request consent and provide a deadline for response.
• Collect cost estimates, photos and medical certificates as proof of need.
• Check funding options (social rehabilitation, regional programs) before you invest.

What to do if the landlord refuses?

If the landlord refuses without a justified reason, a mediation attempt can help. If no agreement is reached, a lawyer or tenant advice service will examine the possibility of a court order to substitute consent. In such proceedings, precise evidence of need, costs and alternative solutions is important. Rights and obligations in a dispute derive from the BGB and the ZPO. ^[1][2]

FAQ

Do I always need the landlord's consent for a stairlift?

Yes, structural changes to the rented property generally require consent; exceptions apply only in narrow statutory cases or where tenant self-action is expressly agreed.

Who pays for a stairlift?

In principle the tenant bears the costs for personal adaptations unless landlord and tenant agree otherwise or a funding regulation applies.

Are there state subsidies?

There are funding programs, regional grants or benefits for participation; entitlements depend on personal circumstances and the competence of the responsible agencies.

How-To

1. Step 1: Contact the landlord in writing with a concrete description of the stairlift and the justification.
2. Step 2: Attach medical certificates, photos of the stairs and at least two cost estimates.
3. Step 3: Request written consent and set a reasonable deadline for feedback.
4. Step 4: Check funding options and apply for grants before signing contracts.
5. Step 5: If refused, document communications and consider mediation or court-ordered substitution of consent.

Help and Support / Resources

• BGB §§ 535–538: Rules on landlord and tenant obligations
• Code of Civil Procedure (ZPO): Rules for disputes
• Federal Court of Justice (BGH): case law on tenancy

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–538 — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de