Tenants in Germany: Expedited Construction Cases

If urgent construction work is required in your apartment and the landlord seeks expedited proceedings, tenants in Germany can quickly feel overwhelmed. This practical guide explains how to avoid common mistakes, assess your rights under the BGB, handle documentation and deadlines correctly, and negotiate constructively. We show when a rent reduction may be justified, which notices you should send to the landlord in writing, and when court clarification at the local court is advisable. Concrete steps, example letters and information on official forms help you resolve disputes calmly and avoid unnecessary disadvantages. The text names relevant statutes, explains deadlines and shows how to strengthen your negotiating position without immediately going to court.

What to do first

When construction work is announced or begins in your home, keep calm and document the condition of your apartment immediately: photos, date, time and witnesses help later. Note disruptions to heating, water or safety and inform the landlord in writing with a deadline.

Common mistakes and how to avoid them

• No documentation: photos, notes and witnesses are missing.
• Too short or missing deadlines: you must set clear deadlines for the landlord to remedy the defect.
• Immediate rent reduction without written notice.
• Not checking whether the issue substantially impairs habitability.

Documentation & evidence preservation

Document defects comprehensively: dated photos, witnesses, written notifications to the landlord and a defect list. Without evidence, later rent reductions or claims are difficult to enforce.

Setting deadlines correctly

Formulate a clear deadline to remedy the defect and state what will happen if the deadline passes (e.g., rent reduction or commissioning a repair at the landlord's expense). Refer to your rights under the BGB (§§ 535–580a)^[1] and check the procedural rules of the Code of Civil Procedure for possible lawsuits^[2].

Negotiate instead of escalate

Before expedited proceedings, a constructive negotiation strategy often pays off: prove defects, propose concrete solutions (e.g., time restrictions, temporary accommodation, reductions) and be realistic about deadlines. Put any agreements in writing.

When to involve the local court

If negotiations fail or the landlord does not respond, a claim at the competent local court may be necessary; tenancy disputes are normally heard at the local court^[3]. Beforehand, check whether interim relief (preliminary injunction) is necessary, for example in cases of imminent health hazards.

FAQ

When can I reduce the rent?

A rent reduction may be appropriate if the habitability of the apartment is impaired. Document the extent and duration of the defect and inform the landlord in writing.

How do I set deadlines with the landlord?

Set a reasonable deadline in writing and demand remediation of the defect. State a concrete consequence in case the deadline expires, e.g., rent reduction or commissioning repairs.

When is expedited proceedings necessary?

Expedited proceedings are appropriate in case of acute health hazards, danger to the property, or when an immediate court decision is indispensable.

How-To

1. Step 1: Document defects with photos, dates and witnesses.
2. Step 2: Inform the landlord in writing and set a clear deadline.
3. Step 3: If no response, consider rent reduction or commissioning repairs at the landlord's expense.
4. Step 4: In case of immediate danger, consider interim relief via the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Information on courts - bundesgerichtshof.de