Tenants: Document Building Work in Germany

As a tenant in Germany, building work in your building can quickly lead to disputes over noise, restrictions, or defects. This guide explains in plain language how to meet deadlines, document damage and impairments for court, and which forms and proofs are useful. You will learn when a rent reduction is possible, how to report defects to the property management, and which authorities or courts are responsible. Practical templates, evidence checklists and tips for dealing with tradespeople help you enforce your rights without wasting unnecessary time or money. This helps in discussions with the landlord and the court.

What to do during building work in the house?

Start systematically: collect evidence immediately, inform the property management in writing and set reasonable deadlines. Note date, time and type of impairment as well as names of tradespeople or witnesses.

• Take photos and videos (photo, video) and record date/time
• Set deadlines: written grace period, e.g. 14 days (days)
• Report defects in writing (notice) with specific description
• Keep receipts, invoices and contractor quotes (receipt)
• Record witness contacts and communications (call, contact)

Documentation: templates and forms

Use standardized letters: a defect notice with description and deadline, a follow-up notice and, if necessary, a termination or complaint form. Example: a defect notice template should include location, date, description, photos and the deadline; send it by registered mail or with delivery confirmation. For court action you will need the complaint form according to the ZPO.^[4]

Deadlines and rent reduction

Legal foundations on landlord duties and rent reduction are found in the BGB, especially concerning defects and their consequences.^[1] To claim a rent reduction you must report the defect and document it; the amount depends on the scope and duration of the impairment.

Court procedures and jurisdiction

If no agreement is reached, the local court (Amtsgericht) is usually responsible for tenancy disputes such as eviction or rent reduction. Court proceedings are governed by the ZPO.^[2] Important supreme court decisions on tenancy law come from the Federal Court of Justice.^[3]

FAQ

Can I reduce the rent immediately if building work is disruptive?

You can claim a rent reduction for significant restrictions, but you must first report the defect in writing and document the impairment.

How long must I give the landlord to remedy the defect?

Set a reasonable grace period in your letter; 14 days is often practical, depending on urgency it may be shorter or longer.

Where can I turn if the landlord does not respond?

Seek legal advice and consider filing a complaint at the competent local court; document all prior steps.

How-To

1. Take photos and videos, record date and time (photo, video)
2. Send written defect notice and set a deadline (notice, form)
3. Obtain contractor offers and cost estimates (repair)
4. Record witnesses and document communication (call, contact)
5. If disputed: prepare complaint, collect evidence and file at the local court (court)

Key Takeaways

• Documentation is essential: photos, timestamps and witnesses support your claims.
• Written defect notices with deadlines are often required to enforce rights.
• The local court and the ZPO govern procedures for disputes.

Help and Support / Resources

• BGB §535 - Landlord duties (Gesetze im Internet)
• Justice Portal: courts and jurisdiction information
• Federal Court of Justice (BGH) - decisions

1. [1] BGB §535 - Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions and information
4. [4] Federal Service Portal - Forms and authority guide