Tenant Rights: Window Replacement 2025 Germany
When may the landlord replace windows?
The landlord may renew windows if there is a modernization or maintenance need. It is decisive whether the replacement improves the usable value of the apartment or is merely a repair. Rights and duties of the landlord as well as tenant obligations are regulated in the German Civil Code.[1]
Important: costs, notice and deadlines
Before replacement, the landlord must usually announce, justify and, if it is a modernization, possibly inform tenants about cost allocation. Always check announcement letters in writing and note appointment dates.
- Check deadlines: clarify announcement periods and appointment dates.
- Check costs: distinguish between maintenance and modernizing measures.
- Arrange access: agree clear time windows for craftsmen.
- Create documentation: collect photos, dates and written defect reports.
How to contest a window replacement
If you consider the replacement unlawful or the costs are wrongly allocated, you can react: check rent reduction, formal errors in the announcement and, if necessary, seek interim relief. Procedures and deadlines are regulated in the Code of Civil Procedure.[2]
- Consider rent reduction: only for impairments that are not remedied.
- Apply for interim relief: seek court protection in urgent cases.
- Send written defect notice: set deadlines and secure evidence.
Which courts and laws are responsible?
For tenancy disputes the local court is usually responsible; appeals go to the regional court, and fundamental questions are decided by the Federal Court of Justice. Relevant laws include primarily the German Civil Code (tenancy law) and the Code of Civil Procedure. For certain cost questions the operating costs regulation and heating costs regulation may also be relevant.[3]
Frequently Asked Questions
- Can the landlord pass the costs for new windows onto me?
- Cost allocation is only possible for lawful modernization according to the Civil Code; pure maintenance costs are generally for the landlord.
- May the landlord send craftsmen without notice?
- No, access must be announced and agreed appropriately; exceptions apply for urgent emergencies.
- Which deadlines apply if I want to sue?
- Short deadlines apply for interim relief and objections to modernization announcements; exact pre-deadlines and formal requirements are found in the Code of Civil Procedure.
How-To
- Collect documents: rental agreement, operating cost statement, photos and announcement letters.
- Check deadlines: clarify announcement periods and appointment dates.
- Verify costs: determine whether it is maintenance or modernization and inspect calculations.
- Complain in writing: report defects, set a deadline and attach evidence.
- Consider court action: examine filing a complaint or interim relief if necessary.
Key Takeaways
- Clear documentation (photos, letters) strengthens your position.
- Observe deadlines: missing them can cost you rights.
- Distinguish cost types: not every expense can be passed on.
Help and Support / Resources
- German Civil Code (BGB) - gesetze-im-internet.de
- Code of Civil Procedure (ZPO) - gesetze-im-internet.de
- Federal Court of Justice - decisions and guidance