Tenant Rights: Serviced Apartment in Germany

Serviced Apartments are often offered as a flexible housing solution, but the legal classification for tenants in Germany can be complex. This text explains in plain language which rights long-term tenants have: from the landlord's duty to maintain the property to rules on rent reduction for defects and notice periods. I explain which legal bases (BGB §§ 535–580a, operating costs and heating cost regulations)^[1][2][3] apply, how to document defects and which forms or deadlines are important. With practical examples, an action checklist and hints on legal enforcement at the local court^[4], you will gain orientation for living situations in serviced apartments.

Important Rights and Obligations

As a tenant in a long-term serviced apartment, the general rules of tenancy law apply: landlord maintenance obligations, billing of operating costs, and protection against unlawful termination. Practically, this means:

• Landlord's maintenance obligation (Repairs/maintenance): defects must be remedied so the apartment remains habitable.
• Operating cost accounting (rent/pay): service charges must be understandable and verifiable.
• Observe notice periods (time/deadlines): if deadlines are not met, termination may be invalid.
• Document defects (document/photo): photos, dates and communications are central evidence.

Typical Problems in Serviced Apartments

In long-term contracts, problems often arise with heating, mold, operating costs or access services. It is important to complain in writing and set deadlines. In many cases, a rent reduction is possible if usability is impaired.

Examples with brief action guidance

• Heating fails: take photos, note the date, report in writing immediately (evidence/document).
• Excessive utility bill: request receipts and file a written objection (rent/payment).
• Unannounced access services: complain about privacy and forbid access if not agreed (notice/form).

Concrete Steps (Checklist)

• Step 1: Photograph defects and report them in writing (email or registered letter).
• Step 2: State a deadline for remedy (e.g. 14 days) and announce consequences.
• Step 3: If justified, calculate and announce a rent reduction.
• Step 4: If there is no response, consider legal action at the local court and prepare evidence.

Forms and Templates (officially relevant)

There are no nationwide standard forms for every tenancy dispute, but useful templates and information can be found at ministries and courts. Typical forms/letters tenants use:

• Termination letter (template): used for giving proper notice or addressing landlord breaches.
• Written defect notice with deadline: a formal step before rent reduction or damages claims.
• Move-in/move-out protocol: important for deposit issues and later claims.

FAQ

Can I reduce the rent because of mold?

Yes, if usability is significantly affected, a rent reduction may be possible; report defects first and set a deadline.

Does a serviced apartment have to meet the same standards as a normal rental flat?

Generally yes: long-term living arrangements are subject to tenancy law rules, such as maintenance and operating costs.

Where can I turn if the landlord does not respond?

The local court is often the first point of contact for tenancy claims; authorities and courts can also advise.

How-To

1. Document the defect with photos, dates and witnesses.
2. Send a written defect notice with a reasonable deadline (e.g. 14 days).
3. If justified, calculate the rent reduction and announce the payment adjustment.
4. If there is no response, consider legal action at the local court and prepare your evidence.

Key Takeaways

• Written documentation and deadlines are essential for asserting tenant rights.
• Give the landlord a reasonable time to fix issues before escalating.

Help and Support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) – gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) – bundesgerichtshof.de