Tenant Rights: Serviced Apartments in Germany

As a tenant in Germany you often face questions about the management of serviced apartments: How are costs allocated, which rights apply for long-term rentals, and when can tenants challenge utilities or request repairs? This text explains your tenant rights under German law in practical terms, common conflict areas such as maintenance, utility billing and termination, and shows how transparent rules can be designed fairly for all parties. We describe concrete steps, which forms and deadlines are important, which authorities are responsible and how to collect evidence. The aim is that you as a tenant can decide more confidently, submit prepared complaints and, if necessary, understand court procedures. We also explain which model forms are recognized by the BMJ or the courts and how to meet deadlines for terminations or eviction suits.

Basics for Tenants

The basis are the duties and rights from the BGB^[1], especially §§ 535–580a. The landlord's main duty is maintenance of the dwelling; the tenant's main right is rent reduction in case of significant defects.

• Right to maintenance and repair (repair) — report defects immediately and set a deadline.
• Check utility bills and demand settlement (rent) — review individual items and receipts.
• Observe termination deadlines and written form (deadline) — record deadlines in writing.
• Collect evidence: photos, messages and receipts (evidence) — build a complete documentation.

Forms and Deadlines

There are model forms or required details for many steps: a termination letter (BMJ sample) for a timely termination, the complaint form for eviction suits under the ZPO^[2], and checklists of evidence. Use official templates and submit documents on time.^[3]

• Termination letter (BMJ sample) — Example: "Termination of the tenancy" with date, names and signature.
• Eviction claim form at the local court (ZPO procedure) — Example: alleged breach, claim for eviction and handover.
• Evidence overview — list all photos, invoices and messages supporting your claims.

Practical Steps in Disputes

Before filing a lawsuit, consider out-of-court settlement options, request written statements from the landlord and prepare a complete evidence file.

FAQ

What can I do if the heating fails in winter?

Write a defect notice, set a reasonable deadline for repair and document temperature measurements and communication.

When can I reduce the rent?

For significant impairments of usability, proportionate to the extent of the defect; document defects and inform the landlord in writing.

Which court handles an eviction claim?

Eviction claims are usually filed at the competent local court; higher instances are the regional court and the Federal Court of Justice for legal questions.

How-To

1. Create a written defect notice (notice) — include date, description, set a deadline and send by registered mail.
2. Collect evidence (evidence) — photos, measurements, invoices and witness notes.
3. Contact mediation or tenant support if needed (contact) — get advice.
4. If necessary file a claim (court) — form under ZPO, observe deadlines and file at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de
• Federal Ministry of Justice (BMJ) — model forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice (BMJ) — model forms