Collect Comparable Apartments: Tenants in Germany
As a tenant in Germany it is important to collect comparable apartments carefully to be prepared for rent negotiations, rent increases or disputes about service charges. Properly documented comparisons show comparable apartment size, amenities, location, condition and current rents. This helps to rebut unjustified claims or to present a fair counterargument before the local court. In this guide I explain practical steps, which documents are useful, how to store evidence securely and which deadlines and official forms you should know. The instructions are explained in plain language so that non-lawyers can better enforce their rights and avoid costly mistakes.
Why comparable apartments matter
Comparable apartments give tenants guidance on whether a requested rent increase or claimed additional payment is reasonable. They support arguments in talks with the landlord and serve as evidence in proceedings before the local court[2]. Legal foundations for tenancy are found in the relevant provisions of the BGB[1], especially §§ 535–580a, and in the rules of the ZPO for court proceedings.
What data to collect
- Rent (rent): Record current monthly rent and service charges.
- Heating & sanitary (repair): Note condition, known defects and past repairs.
- Photos and documents (photo/document): Save photos, floor plans, ad copies and previous leases.
- Address & location: Note street, floor and proximity to public transport and shops.
- Ad date (calendar): Record the date of the advertisement and contact times.
How to document and store
Create an organized folder (digital and/or paper) with clear file names like "Musterstrasse-3_Lease_2025-03.jpg". Note when you found ads and when you contacted landlords; dates matter. Refer to official forms and legal guidance if needed; the local court handles many tenancy disputes[2] and the BGB governs substantive rights[1]. Court rulings from the BGH can provide orientation[3].
FAQ
- How do I find suitable comparable apartments?
- Search for listings with similar size, amenities, location and age; note listing date and rent.
- What evidence is most important?
- Photos, ad copies, leases, payment records and written communication are the most important proofs.
- Can I use comparables in court?
- Yes, complete and transparent documentation strengthens your position before the local court and can help enforce rent reductions or challenge rent increases.
How-To
- Set criteria (tip): Define size, amenities, location, age and comparison period.
- Collect listings (document): Save copies of ads with date and contact details.
- Take photos (photo): Photograph the apartment, defects and key features.
- Organize documents (record): Scan or photograph lease, bills and correspondence.
- Create a comparison table (rent): Make a table of prices and features for direct comparison.
- Use in disputes (court): Submit the documents to the landlord and, if necessary, to the local court.
