Window Replacement 2025: Tenants' Rights in Germany

As a tenant in Germany, planned window replacement can affect living comfort and heating costs. This article explains what rights you have in 2025, who may have to pay and when a measure is modernization or just repair. You will learn clearly how landlords may allocate costs, which deadlines apply, which forms and evidence are important and how to act if you disagree. Practical steps help with documenting defects and filing objections or rent reduction if necessary. We refer to relevant sections of the BGB and procedures before local courts and the BGH so that you can act more confidently. Concrete sample texts and notes on deadlines, documentation and contacts are provided below.

When is window replacement permissible?

A landlord may replace windows if it is maintenance or permissible modernization. In general, the landlord bears the costs for pure maintenance; cost allocation may be possible for modernization but must comply with tenancy law requirements^[1].

Rights, costs and modernization

Whether a window replacement is modernizing depends on the purpose: energy-related modernization can allow cost allocation, technical repairs cannot. Tenants are entitled to information and deadlines before the measure; form and deadline are important, otherwise tenant protections may apply^[1].

Procedure in case of defects or dispute

Document damaged windows, heat loss and noise with photos and date stamps. Send a written defect notice to the landlord and name a deadline for remediation. If clarification is needed, the local court is usually competent; legal proceedings follow the rules of the ZPO^[2][3].

FAQ

Is my consent always required for window replacement?

No. Consent is only required if co-determination rights are contractually agreed; otherwise the landlord must comply with deadlines and information obligations^[1].

Can the landlord pass costs on to me?

Only for a legally recognized modernization and under the rules for cost allocation may parts be passed on to tenants; simple repairs are excluded^[1].

What can I do if the window replacement disrupts use?

You can report defects, consider a rent reduction or, if necessary, file a lawsuit at the local court; legal deadlines should be observed^[2].

How-To

1. Set a deadline: Give the landlord a reasonable remediation deadline, e.g. 14 days.
2. Document: Photograph damage, heat loss and note date and time.
3. Notify in writing: Send a defect notice by registered mail or email with delivery confirmation.
4. Legal review: Check entitlement to rent reduction or objection; obtain legal advice if necessary.
5. Court resolution: If escalated, the local court can decide; procedure and deadlines are governed by the ZPO.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535 ff. - Rights and duties
• Zivilprozessordnung (ZPO) - Procedural rules
• Federal Court of Justice (BGH) - Case law on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a (gesetze-im-internet.de)
2. [2] Zivilprozessordnung (ZPO) – Procedural rules (gesetze-im-internet.de)
3. [3] Federal Ministry of Justice – Information on courts and competence (bmj.de)
4. [4] Federal Court of Justice (BGH) – Jurisdiction on tenancy law (bundesgerichtshof.de)