Tenants in Germany: Elevator Installation for Families

Many tenants in Germany face the question whether they must allow the installation of an elevator in their building — especially families who need barrier-free access. This guide explains in plain language which rights and obligations tenants have, what modernization rules from the BGB apply, how costs may be apportioned and which deadlines to watch. I describe practical negotiation strategies for families in large cities, how to prepare meetings with the landlord, gather necessary evidence and when a local court can be involved.^[3] At the end you will find guidance on official forms and concrete steps so you can negotiate informed and confidently.

Rights and obligations for elevator installation

In principle, the Bürgerliches Gesetzbuch (BGB) allows landlords to carry out modernizations under certain conditions. Tenants often must tolerate measures like elevator installations if they are reasonable and tenant rights are protected.^[1] It is important whether the modernization substantially impairs the use of the apartment or causes unreasonable additional costs for the tenant.

Costs, modernization and cost apportionment

There are rules for apportioning modernization costs: landlords may pass part of the modernization costs to tenants under certain legal limits. Check the announcement, the planned measures and the calculation of the apportionment carefully. Request a detailed cost breakdown and compare it with the actual improvement in living value.

Practical steps for families

• Collect documents and evidence: photos, emails, lease, previous utility bills.
• Check deadlines: notice and objection periods as well as dates for construction works.
• Request a cost breakdown: ask to explain how modernization costs were calculated.
• Contact the landlord in writing: request information and propose family-friendly solutions.
• Consider legal options: if negotiations fail, seek legal advice or contact the local court.

FAQ

1. Do I have to tolerate elevator installation as a tenant?

No, not automatically in every case. Modernizations may be permissible if they were announced and the landlord's interest does not disproportionately outweigh the tenant's interest. Check the announcement and consult the legal provisions in the BGB.^[1]

2. Who pays for the elevator?

The landlord pays the investment costs but may under certain conditions apportion part of the costs to tenants. Pay attention to the amount of the apportionment and whether the measure produces sustainable value increase.

3. When should I go to the local court?

If disputes cannot be resolved amicably, a civil court proceeding may be necessary; the procedure follows the ZPO and usually takes place at the local court.

How-To

1. Gather documents: lease, landlord letters, photos and cost estimates.
2. Write a formal request to the landlord with a deadline for response and clear questions about cost allocation.
3. Hold a clarifying meeting and document outcomes by email.
4. Insist on seeing invoices and detailed cost calculations if costs are to be allocated to tenants.
5. If no agreement is reached, consider court action and file a claim at the local court.

Key Takeaways

• Documentation strengthens your position in negotiations with the landlord.
• Review every modernization notice for proportionality and legality.

Help and Support / Resources

• BGB: law text at gesetze-im-internet.de
• Justice portal: information on courts and forms
• Federal Court of Justice: case law on tenancy

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1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Justizportal – Information on local courts and procedures