Window Replacement 2025: Tenant Rights in Germany
What is a window replacement?
A window replacement as part of modernization means the landlord replaces windows to save energy or improve comfort. As a tenant you have protections under the German Civil Code (BGB) and must be informed about planned modernization measures[1]. Not every measure automatically justifies cost allocation or a rent increase.
When can tenants contest?
Tenants can contest a modernization notice if there are formal defects, the measure is not clearly a modernization under the law, or if the cost allocation appears disproportionate. Check whether the notice lists deadlines and the expected costs and whether the measure truly increases the living standard. If in doubt you can object within the stated deadline or have the allocation reviewed in court[1].
What should you document?
Collect all letters, photos before and after the replacement, communication with the landlord and invoices if available. These records are important later for objections and, if necessary, proceedings at the local court[2].
Checklist: First steps
- Check deadlines and mark them in your calendar.
- Review the notice for formal errors, missing details or unclear costs.
- Collect photos and correspondence as evidence.
- If there are health-related defects like mold, check whether the measure improves habitability.
Communication with the landlord
Send a short written reply: acknowledge the notice, request missing details and state that you will review or contest the cost allocation. Mention deadlines and ask for concrete cost documentation. Send by registered mail or otherwise document sending.
Contest and legal steps
If an amicable solution is not possible, you can sue against the cost allocation or rent increase. Rental disputes are usually heard at the local Amtsgericht; appeals typically go to the Landgericht, and in exceptional cases precedents reach the Federal Court of Justice (BGH)[2]. The Code of Civil Procedure (ZPO) governs the procedure and the form of filing[2].
Examples of official forms
There is no single nationwide "template objection to window replacement" from the BGB, but relevant templates and guidance can be found on justice and ministry portals. For lawsuits use the civil complaint form under the ZPO at the competent Amtsgericht; guidance is available on the Federal Ministry of Justice or state justice portals[3].
FAQ
- Can the landlord pass the costs for new windows onto me?
- Yes, under certain conditions the landlord can pass part of the modernization costs onto the rent, but only if the measure qualifies as modernization and formal requirements are met.
- What deadlines must I observe?
- Observe the deadlines given in the notice; short deadlines often apply for raising objections or filing claims, so act quickly.
- Which court is competent?
- The local Amtsgericht is competent for most tenancy disputes; appeals typically go to the Landgericht and in rare cases to the Federal Court of Justice.
How-To
- Read the modernization notice carefully and mark missing information.
- Record all deadlines and dates, e.g. for objections or appeals.
- Gather evidence: photos, correspondence, witness statements.
- Request cost documentation from the landlord and check the cost allocation.
- If necessary, file a lawsuit at the competent local court and prepare for a hearing.