Tenants: Documenting Economic Use in Germany
Many tenants in Germany face the question of how to prove an alleged economic use of their apartment by the landlord. This guide explains in clear language which documents, photos and forms are useful, how to keep a continuous log and which deadlines apply for objections or lawsuits. You will find practical templates for protection against termination, evidence preservation and template letters to the landlord. The aim is that you as a tenant understand your rights, react quickly and can present organized documents in case of a dispute in court or at the local court. We also show which official forms you can use, how to calculate deadlines correctly and when legal advice is advisable. A practical checklist helps with collecting and securing evidence.
What does "economic use" mean?
Economic use refers to measures by the landlord aimed at changing the use of the property or achieving a higher return through termination and re-rental. For tenants, it is relevant whether this motive legally justifies a termination or whether it is used as a pretext. The legal basis for the tenancy agreement and termination can be found in the German Civil Code (BGB).[1]
Which evidence should tenants collect?
- Photos of the apartment condition, damages and inventory with date and a short note on how the photo was taken.
- Correspondence by e-mail, letters and SMS saved as PDFs with date and sender.
- Witness statements from neighbors or cohabitants, preferably recorded in writing.
- Forms and template letters (e.g. objection to termination, receipts) copied carefully.
- Receipts, bank statements or proofs of rent and utility payments.
How do I document deadlines and appointments?
Note all deadlines immediately in a clear time log: date of the termination letter, date of receipt, deadlines for objections and possible filing of a lawsuit under the Code of Civil Procedure (ZPO).[2] A continuous log helps in court or when discussing with lawyers.
Forms and templates (officially recommended)
Use official templates and check sample letters carefully. Useful examples include:
- Template objection to termination (letter with acknowledgement of receipt).
- Handover protocol for move-in and move-out with witness signatures.
- Checklist for evidence collection: photos, SMS, e-mails, payment receipts.
Whom to contact in a dispute: court and jurisdiction
Tenancy disputes are usually heard at the local court (Amtsgericht); higher-value disputes go to the regional court (Landgericht). Presenting evidence and protocols can ease the court's decision-making process.[3]
How-To
- Collect all correspondence and save e-mails as dated PDFs.
- Take dated photos of the apartment condition and note location and time.
- Create a timeline with all deadlines and appointments.
- Use a template objection letter and send it by registered mail with return receipt.
- If uncertain: contact legal advice or tenant support and present your documents.
FAQ
- What is the most important first action on receiving a termination?
- Check the date of the termination letter, secure proof of receipt (e.g. inbox or registered mail) and start collecting evidence immediately.
- What deadline do I have to file an objection?
- Deadlines depend on the reason for termination; note the termination date and check deadlines under the ZPO and BGB, possibly with legal assistance.
- Can I take legal action against economic use?
- Yes, with sufficient documentation and appropriate applications at the competent local court you can assert protection against termination.
Help and Support / Resources
- Civil Code (BGB) – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Federal Ministry of Justice and Consumer Protection – BMJV
