Tenants: Planning Elevator Retrofit in Germany

As a tenant in Germany you often face questions when an elevator is to be retrofitted. This article explains in plain language which proofs landlords or residents need, which forms exist at authorities and when an application makes sense. You will learn how to assert your rights under §§ 535–580a of the German Civil Code (BGB), which courts are competent and how documents such as photos, correspondence or expert opinions function as evidence. The guide also contains practical steps for collecting documents, communicating with the landlord and preparing an application at authorities or the local court. The aim is to give you concrete steps toward an accessible housing solution.

What tenants should know

If you want to retrofit an elevator, you should know three areas: the legal basis, practical evidence collection and the responsible authorities. Under the BGB the landlord generally has the duty to maintain and ensure the usability of the rental property; formal procedures are governed by the Code of Civil Procedure (ZPO).^[1][2] In legal disputes the local court (Amtsgericht) is usually responsible; higher instances are the regional court (Landgericht) and the Federal Court of Justice (Bundesgerichtshof).^[3]

Collect important evidence

• Photos of the current condition (stairwell, entrance, existing technology).
• Correspondence with landlord, property manager or owners' association.
• Expert reports or statements on structural feasibility.
• Quotes from specialist companies and information on funding options.

Forms and authorities

Depending on the funding program and federal state, different applications are required. Examples of relevant forms and responsibilities:

• KfW application for barrier-related funding programs (application for modernization funding) – useful when grants or loans are planned.^[4]
• Applications at the local building authority for construction permits (observe building law independently of tenancy law before structural measures).
• Forms to apply for social benefits or housing allowance if financial support is needed.

How-To

1. Contact: First inform the landlord or property manager in writing about your concern and request information on feasibility and cost sharing.
2. Documentation: Collect photos, witness statements, the tenancy agreement and prior correspondence as evidence.
3. Quotes & funding applications: Obtain offers and check funding options (e.g. KfW) before making structural decisions.
4. Next steps: If the landlord does not respond, you can contact the local court or seek legal advice; prepare your documents for possible proceedings.

FAQ

Who pays for the elevator?

It depends on agreements in the lease, the ownership structure and possible resolutions by the owners' association; funding can reduce costs.

Which evidence helps in court?

Photos, expert reports, quotes, correspondence and witness statements are key evidence.

Which court is responsible?

In tenancy disputes the local court (Amtsgericht) is usually competent; higher instances include the regional court or the Federal Court of Justice.^[3]

Key Takeaways

• Document condition and communication thoroughly.
• Check funding options before starting measures.
• Talk to landlord and management in writing before considering legal steps.

Help and Support / Resources

• German Civil Code (BGB) - Gesetze im Internet
• Code of Civil Procedure (ZPO) - Gesetze im Internet
• KfW Bank - Funding Programs

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Federal Court of Justice (BGH) - Official Website
4. [4] KfW Bank - Funding Programs
5. [5] Housing Promotion Act (WoFG) - Gesetze im Internet