Tenants in Germany: Roof Work & Special Assessments

As a tenant in Germany you often face many questions regarding roof work and special assessments: who pays, which deadlines apply and what rights exist in case of defects or missing information? This guide explains clearly and practically how to meet deadlines, use forms, and check charges. I describe typical procedures, cite relevant sections of the BGB and the Operating Costs Regulation, and name the authorities and courts responsible in disputes. You receive concrete action steps, suitable templates and advice on how to secure evidence. The goal is that you, as a tenant, know your rights and can respond in time without taking unnecessary risks. If in doubt, you will find help and links at the end.

What applies to roof work and special assessments?

For extensive roof work, a landlord may apportion one-off costs to tenants as a special assessment if this is contractually agreed or legally permitted. The rules of tenancy law in the BGB^[1] and the Operating Costs Regulation for allocable items are decisive^[2]. It is crucial whether the measure is maintenance (ongoing) or modernization (increasing value); modernization costs can only be charged as a special assessment under certain conditions.

Your rights as a tenant

• Check rent reduction (rent) if roof work significantly impairs usability.
• Review cost allocation and payment responsibility (payment) before paying a special assessment.
• Request repairs and maintenance (repair) if defects occur.
• Agree on access rights and appointments (entry) before workers enter the apartment.
• Gather evidence (evidence) with photos, written defect notices and witnesses.

Deadlines and forms

Observe statutory and contractual deadlines: there is no single nationwide deadline for defect notices and objections, but preserving deadlines is important. For formal steps always act in writing and ensure proof of delivery.

• Send a written defect notice (form) to the landlord with a request for remedy and a deadline.
• Object to a service charge statement (form) within the usual review periods.
• File a complaint at the local court (court) if out-of-court resolution fails; civil procedure law governs processes and deadlines^[3].

If the dispute goes to court

If the matter goes to court, the local court usually decides in the first instance. Appeals may go to the regional court; the Federal Court of Justice (BGH) issues landmark rulings as the highest civil court^[4]. Before suing, assemble all receipts, cost breakdowns and correspondence.

FAQ

Can the landlord impose special assessments without tenant consent?

Only if the lease or a legal provision allows it; otherwise, in many cases tenant consent or a court decision is required.

Can I withhold payment if the statement is unclear?

You may withhold payment until the statement is plausible and supported by evidence, but you should lodge a written objection and respect deadlines.

Which authorities can assist with disputes?

The competent local court for tenancy disputes and municipal tenant or consumer advice centers are first points of contact.

How-To

1. Check statements and note delivery and objection deadlines (deadline).
2. Send a written defect notice (form) to the landlord with a deadline for remedy.
3. Secure evidence (evidence): take photos and collect receipts and witness statements.
4. Assess payment obligations (payment): determine which parts are disputed and whether retention is permissible.
5. File a lawsuit at the local court (court) if extrajudicial measures fail and present all documentation.

Key Takeaways

• Good documentation protects tenant rights and simplifies legal protection.
• Meet deadlines: act quickly and in writing for statements and defects.

Help and Support / Resources

• Gesetze im Internet – BGB
• Gesetze im Internet – BetrKV
• Gesetze im Internet – ZPO
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)
4. [4] Bundesgerichtshof – Informationen und Entscheidungen