Tenants in Germany: Documenting Building Work

As a tenant in Germany, building work in your building can quickly cause stress, disruption and disputes with the landlord. This guide explains how you as a tenant systematically and promptly document building work, report defects and secure court-ready evidence. You will learn which photos, logs and notices are important, which deadlines apply and when formal letters or complaints at the local court become necessary. The language remains practical and understandable so you can protect your rights, prepare rent reductions or better assess mediation and litigation. In the end you will know which official forms and legal bases under the BGB are relevant and how to prove actions. Practical templates and tips on deadlines, evidence collection and the responsible authorities help at every stage of the process.

What to document?

Good documentation is the foundation for rent reduction, mediation or litigation. Note date, time and specific disturbances, and create a clear evidence file.

• Photos and videos (video) of construction noise, damage and dirt.
• Date-and-time log (evidence) with start, end and frequency of the works.
• Written defect notice to the landlord (form) by e-mail and by registered mail.
• Receipts for extra costs or losses (evidence) such as hotel stays or power outages.
• Contact details of witnesses and neighbours (help) for later confirmation of disturbances.

How to report on time?

Defects must be reported promptly and precisely. Set a reasonable deadline, demand remedy and document how the landlord responds.

• Send a written defect notice and set a deadline (calendar) – for example within 14 days.
• Use registered mail or a delivery receipt (form) to have proof of delivery.
• Document responses and appointments from the landlord (evidence) and keep copies.

Forms and competent courts

Relevant laws include the BGB and the ZPO^[1][2]. For tenancy disputes the local court (Amtsgericht) is usually competent; appeals go to the Landgericht and, if necessary, to the Federal Court of Justice (BGH)^[3].

• Termination letter template from the Federal Ministry of Justice (form): Used when a landlord terminates or a tenant signals possible termination; example: you repeatedly have no heating and send a deadline with notice of termination.
• Claim form (civil procedure) (form): If no agreement is possible, the landlord or tenant files a claim at the local court; example: eviction claim or claim for rent reduction/damages.

FAQ

Can I reduce the rent if building work is disruptive?

Yes, under certain conditions tenants can reduce the rent; the extent of the impairment and the duration of the disruption are decisive. Record extent and duration and check the legal basis in the BGB.^[1]

How long do I have to report defects?

Defects should be reported without delay, but at the latest within a set deadline (e.g. 14 days) in writing. Set a clear deadline and request confirmation.

When is the local court competent?

The local court is the first instance for most tenancy disputes such as rent reduction, termination or eviction claims; for higher claim values the regional court may be competent.

How-To

1. Take photos and videos (evidence): Make multiple recordings from different angles and with timestamps.
2. Send a written defect notice (form): Describe the damage, date and deadline for remedy and request confirmation.
3. Set a deadline (calendar): For example demand repair within 14 days.
4. Collect evidence (evidence): Keep invoices, witness statements, e-mails and postal receipts organized.
5. Seek legal advice (help): If the legal situation is unclear, consult a specialist or tenant advisory service.
6. File a claim (court): If no agreement is possible, prepare a claim at the local court.

Key Takeaways

• Document every disturbance with date, time and evidence photo.
• Send defect notices in writing and set clear deadlines.
• In disputes: gather evidence, use official forms and involve the local court.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de