Tenant Rights: Property Use in Germany's Cities
What is economic exploitation?
Economic exploitation means the landlord uses a property to increase return, for example through sale, conversion into condominiums or extensive modernization. For tenants this matters because it can lead to terminations, modernization notices or reuse. Judicial review refers to the provisions of the BGB.[1]
What rights and obligations do tenants have?
As a tenant you are entitled to protection against arbitrary termination and to reasonable deadlines; many rules are in §§ 535–580a BGB.[1] The local court (Amtsgericht) is competent in the first instance for tenancy disputes, the regional court (Landgericht) for appeals; the Federal Court of Justice decides on fundamental questions.[2]
- Check deadlines: Immediately note the receipt date and any deadlines from the letter.
- Report repairs: Report defects in writing and set a reasonable deadline for remedy.
- Collect documentation: Secure photos, emails, witness statements and payment receipts.
- Check rent payments: Continue to pay on time unless a justified rent reduction applies.
- Seek advice: Obtain legal advice or tenant counseling early.
Important laws and rulings are available online, for example the statutory text in the BGB or case law of the Federal Court of Justice.[1]
FAQ
- Can the landlord terminate because of economic exploitation?
- Yes, under certain conditions exploitation can constitute a legitimate interest, but the termination must be socially justified and meet deadlines; check objection options.
- Which deadlines apply to a termination?
- The statutory notice period depends on the length of the tenancy; special deadlines may apply for owner occupancy or for extraordinary termination.
- Which official forms are important?
- Important forms include the application for legal aid (Prozesskostenhilfe, PKH) and court forms for responses to claims; use official templates to preserve deadlines.[3]
How-To
- Check deadlines: Read the letter carefully and note all deadlines.
- Create documentation: Gather photos, messages and payment receipts.
- Prepare an objection: Draft a short letter with reasons and evidence.
- Seek advice: Arrange a consultation or contact legal counsel.
- Consider court steps: File objections or a response with the local court within deadlines.
Help and Support / Resources
- BGB – Gesetze im Internet
- Federal Court of Justice (BGH)
- Justice Portal of the Federal Government and the Länder