Tenant Tips for Living-Area Discrepancies in Germany
Many students in Germany notice differences between the living area stated in the rental agreement and the actual size. This can affect the appropriate rent, possible rent reductions and subsequent claims. This guide explains in clear language which steps tenants can take without a lawyer: how to measure the discrepancy, which deadlines to observe, which official forms are relevant and how to compile documentation for later discussions or court proceedings. The aim is to provide practical, legally sound options and guidance so you can save costs and assert your rights in Germany in a focused and confident manner.
What is a living-area discrepancy?
A living-area discrepancy occurs when the actual living area differs from the area stated in the rental agreement. Significant differences can affect the rent or justify a rent reduction. Legal bases can be found in the BGB, in particular regarding landlord obligations and rent reductions.[1]
First steps for tenants
- First check your rental agreement and any stated living area information.
- Document the actual area with photos, floor plans and measurement records.
- Inform the landlord in writing about the discrepancy and request a specific response.
- Observe deadlines: respond promptly so that claims do not expire or are considered accepted.
Forms and practical examples
There are official templates and sample forms for certain steps. One example is a standard termination letter or a formal tenant notification template available from the Federal Ministry of Justice. Use such templates to address formal letters correctly and to name deadlines clearly.[3]
Practical example: You measure 8% less area than stated in the rental agreement. You send the landlord a written request for clarification with a 14-day deadline and attach photos and the measurement record. If the landlord does not respond or denies the discrepancy, you can consider an appropriate rent reduction or legal action.
Legal bases and possible consequences
The BGB regulates the duties and rights of tenants and landlords, including preservation of the rental property and rent reduction.[1] For court proceedings, the Code of Civil Procedure (ZPO) applies, e.g. for filing claims or eviction suits.[2] Minor discrepancies usually lead to negotiations and adjustments; major discrepancies can result in rent reductions, partial refunds or, in extreme cases, challenges to the rental agreement.
Evidence preservation tips
- Create a measurement record with date, measurement method and signature.
- Document defects that result from the discrepancy (e.g. missing heating elements).
- Send formal communications by registered mail or with confirmation of receipt.
FAQ
- What can I do if the living area in the rental agreement is larger than the measured area?
- Check, document, inform the landlord in writing and consider rent reduction or claims for reimbursement.
- Which deadlines are important?
- Act quickly: set a clear deadline in the landlord request (e.g. 14 days) and save all evidence.
- Which court should I turn to in case of dispute?
- Rental disputes are usually heard at the competent local court (Amtsgericht); appeals may go to the regional court (Landgericht) and further to the Federal Court of Justice (BGH).
How-To
- Measure: Create a detailed measurement record of your apartment with date and method.
- Formal request: Send the landlord a formal notice with deadline and attachments.
- Supplement documentation: Add photos and witness statements.
- If necessary: Seek tenant protection advice or consider filing a claim at the local court.
Key Takeaways
- Early documentation improves the chance of a favorable resolution.
- Formal letters and clear deadlines often suffice to reach an agreement.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Official Site
- Federal Ministry of Justice – Forms and Templates
