Tenants Check Modernization Notice in Germany

If you, as a tenant in Germany, receive a modernization notice, quick and precise action is important. Check formal correctness, deadlines and planned measures, document condition and damages, and compare the announced costs with your current rent. Many conflicts arise because deadlines are missed or information obligations are not fulfilled; learn about your rights under tenancy law and which steps you can take yourself without a lawyer. Keep letters and photos, note dates and calculate potential rent increases against your housing costs.

What should tenants check first?

First, check whether the notice contains all legally required information: scope of work, start and duration, estimated costs and notes on cost allocation under §559 BGB. Also check whether deadlines are clearly stated and whether the modernization affects your apartment or only common areas.^[1]

Legal basis

German tenancy law regulates modernizations, obligations and cost allocation in the BGB and procedural steps in the ZPO. Of particular relevance to tenants are §§ 535–580a BGB and the rules on allocation of modernization costs under §559 BGB.^[1] In disputes, the local court is the first instance; appeals go to the regional court or the Federal Court of Justice.^[3]

Ways to contest

• Check deadlines (deadline) and respond within the stated periods, otherwise rights may be lost.
• Request missing information in writing (form) and document the request.
• Review the scope and necessity of the works (repair) and report unclear measures to the landlord.
• Collect evidence: photos, proof of services, witnesses (evidence) and keep all correspondence.
• Seek legal advice or tenant counseling early (help) if rights appear to be violated.

Lawyer, court and deadlines

If an out-of-court objection is unsuccessful, clarification in court is possible. Proceedings follow the Code of Civil Procedure; observe limitation and procedural deadlines as well as formal requirements for lawsuits and briefs.^[2]

How-To

1. Read the notice completely and note start, duration and deadlines (deadline).
2. Request missing details in writing and ask for precise cost estimates (form).
3. Document the apartment condition before start with photos and witnesses (evidence).
4. Assess whether the measures are necessary repairs or modernizations and whether a rent reduction is possible (repair).
5. Contact counseling centers or a specialist lawyer early if the landlord does not meet obligations (help).
6. If necessary, prepare a lawsuit at the local court and observe the rules of the Code of Civil Procedure (court).

FAQ

Can I completely refuse a modernization notice?

A complete refusal is rarely possible without further ado; however, you can respond, request missing information and object to incorrect cost allocations.

Do I have to vacate the apartment during modernization?

Only if the measure makes habitation impossible or temporary uninhabitability occurs may evacuation be required; the landlord must provide alternatives and deadlines.

Which courts have jurisdiction in a dispute?

The first instance is usually the competent local court; appeals go to the regional court and in final legal questions to the Federal Court of Justice.^[3]

Key takeaways

• Check notices immediately and note all deadlines.
• Documentation before and during works strengthens your position.
• Seek legal advice early when in doubt.

Help and Support / Resources

• Forms and information (form) – Federal Ministry of Justice
• Laws in the internet – BGB and ZPO
• Federal Court of Justice – tenancy law decisions

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof: Decisions on tenancy law