Tenant Rights: Retrofit Elevator in Old Buildings, Germany

Many tenants in Germany face the question of whether an elevator can be retrofitted in an old building and who bears the costs. This text clearly explains the rights and obligations of tenants and landlords, how funding and grants work, which steps are necessary for the approval of owners or the landlord, and how technical, constructional and tenancy law aspects interact. You will receive practical advice on cost allocation, on notifying and documenting defects, and on court steps if an agreement cannot be reached. The aim is to provide you as a tenant with clear steps and wording aids so that you can examine and enforce your accessibility claims in Germany. Read on for concrete sample forms and authority contacts.

What tenants need to know

Landlords are generally obliged to keep the rental property in the agreed condition; central rules can be found in the German Civil Code (BGB), for example regarding maintenance and defect remediation.^[1] For structural changes such as retrofitting an elevator, approval requirements, cost allocation and possible modernization surcharges must be clarified between tenant, landlord and possibly the owners' association.

• Check the lease and written agreements on structural changes.
• Clarify cost responsibility: who pays purchase, installation and ongoing maintenance?
• Check technical feasibility: space, statics, fire protection and accessible access.
• Documentation: collect offers, photos, correspondence and deadlines.

In many cases, funding programs or grants are possible; clarify early which regional funding for accessibility or energy renovation are available. In case of conflicts over approval or costs, legal clarification may be necessary, with tenancy disputes usually heard in the local court (Amtsgericht).^[2]

Typical steps and what tenants should watch for

The concrete implementation usually involves several parties: landlord/owners, property management, elevator company and possibly the monument protection authority. As a tenant, you can influence matters by presenting your needs in writing and proposing financing options.

• Send a written request to the landlord or owners' association explaining your reasons.
• Obtain cost estimates and check whether a modernization surcharge is possible.
• Observe deadlines: respond promptly to inquiries and decisions.
• In case of dispute: document everything for a possible proceeding before the local court or regional court.^[3]

FAQ

Who decides on the installation of an elevator?

Often the owners' association decides in a resolution; in rented housing the landlord makes the decision but must consider tenant interests and regulations.

Can landlords pass costs on to tenants?

Parts of modernization costs can, under certain conditions, be passed on as a modernization surcharge; the exact legal situation depends on the type and scope of the measure.

Are there grants for accessibility measures?

Yes, federal and state programs support accessibility; eligibility and application processes vary by program.

How-To

1. Inform: Put your request in writing and explain why an elevator is necessary.
2. Obtain quotes: Ask for several cost estimates from specialist companies.
3. Check funding: Research suitable grants and submit applications on time.
4. Consider legal action: If no agreement is possible, prepare evidence and consider court action at the local court.

Help and Support / Resources

• Gesetze im Internet - BGB § 535
• Bundesgerichtshof (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

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1. [1] Gesetze im Internet - BGB § 535
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - Decisions