Tenants Enforcing Rights During Construction in Germany
If construction works take place in your building, daily life can be disrupted and you as a tenant face important decisions. This guide explains how to report defects, observe deadlines and, if necessary, enforce a rent reduction. I explain in clear terms the landlord's duties under the BGB, when the local court (Amtsgericht) is responsible and which evidence you should collect. You will also find concrete steps for communicating with building management, notes on official forms and practical example actions. The text is aimed at tenants in Germany who want to protect their rights without legal expertise.
What to do when there are construction works in the building?
If construction works cause disturbances, inform the landlord in writing and set a reasonable deadline for remedying the defects. Document the scope and duration of the impairment and refer to the relevant provisions of the BGB for legal questions.[1]
Careful documentation increases your chances in disputes.
Immediate measures
- Report defects in writing and set a deadline.
- Note deadlines and document the landlords responses.
- Collect photos, videos and logs as evidence.
Respond to landlord letters within deadlines to avoid losing rights.
Rent reduction, forms and court
A rent reduction may be possible if the usability of the apartment is significantly restricted. Note the start, extent and duration of the restriction, calculate the reduction amount and inform the landlord in writing. For court actions the Civil Procedure Code (ZPO) applies; certain claims are handled by the local court (Amtsgericht).[2] For lawsuits use the civil claim form or the templates listed there, which can be filed at the local court.[3]
The Amtsgericht is usually the first instance for tenancy disputes.
Which forms do I need?
- Civil claim form for eviction or rent reduction, to be filed at the local court.
- Contact form for tenant advice at your city or the state justice portal.
FAQ
- Can I reduce the rent immediately?
- An immediate reduction is possible for significant defects; document scope and duration and inform the landlord in writing.
- Who is responsible for damage caused by construction works?
- The landlord is liable if the use of the apartment is impaired; check 7 535 BGB.[1]
- When do I have to go to the local court?
- If negotiations fail, the landlord or tenant files a lawsuit at the local court; the procedure is governed by the ZPO.[2]
How-To
- Check deadlines and set a reasonable grace period.
- Send a written defect notice by registered mail and request remedy.
- Calculate the possible rent reduction and document the amount.
- If necessary, file a lawsuit at the local court; use the claim form.[3]
