Tenant Templates & BGH Rulings Germany
As a tenant in Germany you often face questions about rent reduction, eviction, repairs and the interpretation of BGH rulings. This practical guide is aimed at shared flat residents and individual tenants: clearly worded templates, checklists and an understandable explanation of relevant court decisions help to enforce rights and avoid conflicts. We explain which forms to use, when rent reduction is justified and how to securely collect evidence. For legal terms we refer to the relevant BGB sections and show concrete steps for problems with heating, mold or unlawful terminations. The goal is to make you able to act — without legal jargon, with practical templates and pointers to which authorities or courts in Germany are responsible.
Essential Tools & Templates
These templates help you to act formally secure and meet deadlines. Use templates only adapted to your individual case.
- Termination letter template from the Federal Ministry of Justice, for timely termination and delivery recommendations[3]
- Evidence documentation: photo log, defect list and witness list for secure proof
- Rent reduction calculator and example calculations to estimate an appropriate reduction amount
- Deadline checklist for objections, notifications to the landlord and court actions
BGH Rulings Practical for Shared Flat Tenants
BGH decisions often provide guidance on how courts interpret tenancy law; check the leading principles and their application to flat-share situations for specific questions.[2] The BGB is also decisive, for example the provisions on defects, obligations and termination in §§ 535–580a.[1]
Typical Problems and Action Steps
Rent reduction for defects
For significant impairments of usability (e.g. heating failure, mold) you can reduce the rent. Document defects with date, photos and notifications to the landlord.
- Photo documentation with date and time
- Written defect notice to the landlord by registered mail or email with confirmation of receipt
- Calculation of the reduction and notification of the new amount to the landlord
Termination and eviction
For unlawful terminations check deadlines and formal errors. Respond within stated deadlines, otherwise enforcement or eviction lawsuits before the competent local court may occur.
- Check the termination period and the date of delivery
- Submit objection or statement in writing
- For eviction lawsuits: observe information and deadlines at the local court
Evidence Preservation and Communication
Avoid emotional emails; document complaints factually. Keep phone calls brief, note date, time and interlocutor. In disputes, protocols, witnesses and clear photos are decisive.
- Conversation protocol with date and name
- Document key handovers and access protocols
- Keep receipts for payments and utility bills
FAQ
- When can I reduce the rent?
- If the living quality is significantly impaired (e.g. no heating in winter), after documentation and notification to the landlord a reduction is possible.
- Do I have to set a deadline for the landlord before reducing the rent?
- In many cases a deadline is sensible; in urgent cases (health risk) you can reduce immediately, but inform the landlord in writing.
- Which courts are responsible for tenancy disputes?
- Local court (Amtsgericht) for first instance; appeals go to the regional court (Landgericht); the Federal Court of Justice decides fundamental legal questions.
How-To
- Document the defect in writing and with photos.
- Contact the landlord in writing and request remedy within a reasonable period.
- If there is no response, send a formal defect notice and, if applicable, announce rent reduction.
- If necessary: consider lawsuits or eviction protection at the competent local court and seek legal advice.
Help and Support / Resources
- Information on the BGB and tenancy law
- BGH: decisions and press releases
- Forms and templates of the Federal Ministry of Justice
