Tenants: Use Floor Area Deviations in Germany
Many tenants in Germany discover after moving in that the actual living area differs from the area stated in the lease. Such floor area deviations can affect the appropriate rent, allocation of operating costs and modernization charges. As a tenant you do not necessarily have to hire a lawyer: with careful documentation, correct calculation and targeted use of official forms you can often achieve favorable solutions. This guide explains in practical terms which rights and deadlines under the BGB apply, how to carry out concrete steps to check and formally notify the landlord, which sample forms are helpful and when the local court has jurisdiction. The goal is a clear, understandable set of action recommendations for tenants in Germany.
What is a floor area deviation?
A floor area deviation occurs when the actually usable area of an apartment differs from the area stated in the lease. Small measurement errors are common, but significant differences can affect rent, sqm-based operating costs and modernization levies. Legally, contractual area statements and the obligation to provide contractual usability are relevant; applicable provisions can be found in the BGB.[1]
How tenants should proceed systematically
To effectively use the deviation as negotiating leverage, clear steps are recommended: check, document, calculate, notify formally and observe deadlines. In the best case, these measures will lead to an amicable adjustment of the rent or a correction of statements without court proceedings.
- Measure the living area exactly (evidence): document sqm with a tape measure or laser device and note the floor plan.
- Take photos and make records (evidence) of all relevant rooms, balconies and differing areas.
- Verify rent calculation (rent): calculate the per-sqm rent and the possible refund amount.
- Send written notice to the landlord (form): defect notification or adjustment request with evidence and a deadline.
- Set and observe deadlines (deadline): typical reaction times are 14–30 days, documented by registered mail or handover protocol.
- If necessary contact the local court (court): eviction or payment claims are last resorts; the local court is usually competent.
Practical example: calculation
For example, if the lease states 60 sqm and you measure 56 sqm, at a cold rent of 600 EUR this equals 10 EUR/sqm. The correct rent would then be 560 EUR; a difference of 40 EUR per month can be relevant retroactively. Such examples help to address the landlord factually and provide a solid basis for negotiations.
When is it worth using forms?
Official forms and template texts make formal communication easier. Examples include standardized termination or demand letters, notice regarding statements or forms for court submission. Use official templates for clear deadlines and comprehensible demands.[3]
FAQ
- Can I reduce the rent because of a floor area deviation?
- A rent reduction is possible if the deviation substantially impairs usability or the rent is demonstrably excessive. Minor deviations rarely lead to significant reductions; verifiable evidence is decisive.
- Do I have to hire a lawyer before I act?
- No. Many steps are possible without a lawyer: measure, document, send written requests and use official forms. For complex cases or if the landlord does not respond, a lawyer or legal expenses insurance can be useful.
- Which court is competent in disputes?
- The local court is usually competent for the first instance; appeals go to the regional court and in special cases to the Federal Court of Justice.[2]
How-To
- Measure the living area yourself (evidence): measure length and width of each room and note deviations from the contract.
- Gather evidence (evidence): prepare photos, floor plan, witnesses and handover protocols.
- Recalculate the rent (rent): correct the sqm figure and calculate the difference per month and retroactively.
- Send a written request (form): demand correction or information and set a concrete deadline.
- Consider court action (court): if necessary, file at the local court or seek legal advice.
Key Takeaways
- Accurate measurement and documentation are the foundation of any claim.
- Use official templates for deadline setting and demands.
- Timely responses protect you from losing rights due to missed deadlines.
