Using Living Area Discrepancies for Tenants in Germany

Many tenants in Germany discover that the actual living area of their apartment differs from the area stated in the rental agreement. Such living-area discrepancies can affect not only the rent but also operating cost statements and modernization surcharges. This article explains step by step how tenants can identify, document and strategically use discrepancies without immediately hiring a lawyer. You will learn which evidence is useful, how to draft time-bound letters to the landlord and when the local court is competent. At the end you will find a step-by-step guide, FAQs, official form guidance and concrete template letters you can use or adapt.

What is a living-area discrepancy?

A living-area discrepancy occurs when the actual usable area significantly differs from the area stated in the rental contract. According to tenancy law rules, such discrepancies can influence the calculation of rent and allocable operating costs. In Germany, the basic rules of tenancy law are contained in the German Civil Code (BGB), especially regarding landlord duties and tenant rights.^[1]

Why this matters for tenants

If the actual area is significantly smaller, tenants can request an adjustment or possibly consider a proportional rent reduction. Small deviations are common; what matters is the extent of the difference and the evidence available.

• Photos (photo) of the rooms with measurements and date
• Measurement protocol or living-area calculation (document)
• Original rental agreement and later addenda (form)
• Communication via email or letter as evidence (contact)

Practical cases: How tenants proceed without a lawyer

Example: Contracted area is 80 m², measurement shows 72 m² (10% deviation). Tenant A calculates the proportional rent and informs the landlord in writing that they demand correction of the contract entry and repayment of overpaid rent within a deadline. Such claims should be precisely justified and supported by the evidence listed above.

In many cases, a formal, factual letter is sufficient to reach an agreement. If the landlord does not respond, the next step is to set a deadline; if that also fails, the local court is competent.^[2]

Frequently Asked Questions

Can I reduce the rent because of a living-area discrepancy?

Under certain conditions, yes. A reduction depends on the size of the discrepancy, the evidence and whether the landlord is responsible for the deviation. See sections §§ 535–540 BGB.^[1]

When is the local court competent?

The local court (Amtsgericht) is usually competent for tenancy disputes and eviction suits; legal disputes or enforcement issues are typically heard there.^[2]

Are there template letters or forms?

Federal ministries and courts often provide template texts or guidance; you can find sample termination letters or form guidance at the Federal Ministry of Justice and official court information.^[3]

How-To

1. Create a measurement protocol (document): Measure each room, record dimensions and produce a clear area calculation.
2. Gather evidence (photo): Add dated photos and all relevant contract pages.
3. Notify the landlord in writing (form): Draft a factual letter with results, evidence and a request for correction.
4. Set a deadline (within 14 days): Give a clear deadline (for example 14 days) for response and possible repayment of overcharged rent.
5. Consider court action (court): If no agreement is reached, inform the local court or seek external advice.

Key Takeaways

• Accurate measurements and complete evidence form the basis of a successful claim (tip).
• Deadlines matter; respond promptly to any landlord replies (warning).
• Many cases can be resolved with a well-written letter without hiring a lawyer (success).

Help and Support / Resources

• German Civil Code (BGB) – Legal text
• Federal Court of Justice (BGH) – Case law
• Federal Ministry of Justice (BMJ) – Form guidance and templates

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1. [1] German Civil Code (BGB) – §§ 535–580a
2. [2] Competence: Local Court (Amtsgericht) – Court jurisdiction information
3. [3] Sample termination and forms – Federal Ministry of Justice (BMJ)