Window replacement for tenants in Germany
As a tenant in Germany, you may often wonder who pays for replacing old windows and which steps are legally safe. This guide clearly explains tenants' rights and obligations during modernizations and repairs, how to document defects, which deadlines apply, and when cost allocation is permissible. Especially for students there are practical examples on how to draft letters to the landlord and which documents are important. I name the relevant laws, contact points and official forms so you can react prepared. The language stays clear and avoids legal jargon so you know directly which steps make sense and which deadlines you must observe.
Rights and obligations for window replacement
Basically, §§ 535–580a of the German Civil Code (BGB) regulate tenants' and landlords' rights and obligations regarding modernizations and maintenance[1]. The landlord must maintain the rental property in a contractually agreed condition. That means defective or drafty windows that impair usability must be remedied. Special rules apply to modernizations that increase living standards regarding notice and possible cost allocation.
When may the landlord modernize?
Modernizations are permitted when they sustainably improve living conditions or save energy. The landlord must announce works in advance, offer alternative dates if necessary, and observe legal deadlines. In cases of uncertainty, relevant BGH rulings help balance tenant and landlord interests[2].
What tenants should do immediately
- Take photos and record defects (document).
- Inform the landlord in writing and set a deadline for remediation (notice).
- Note deadlines and insist on a reply within a reasonable time (deadline).
- Check whether a cost allocation is legally permissible and how much the tenant would have to pay (rent).
Forms, templates and practical examples
Official sample letters are not always published centrally by ministries or courts; instead use clear, dated letters with photos and a deadline. A sample letter to the landlord can include a clear defect description, attached photos and a 14-day deadline to remedy. If you object to a modernization or assert a rent reduction, refer to the specific breach and the relevant BGB provisions[1].
Examples for students
Students should pay special attention to documenting dates and payment consequences. If a window is drafty and heating costs rise, note dates, temperature changes and heating bills as evidence. In shared flats clarify internally who signs and who collects documents.
Disputes and court steps
If a dispute arises, the Amtsgericht is responsible for tenancy law in the first instance; it decides civil claims such as rent reduction or eviction. Photos, records and correspondence are key evidence in court. For complex legal questions, BGH decisions can influence the procedure[2].
FAQ
- Who pays for window replacement?
- The landlord bears the cost of necessary repairs; for modernizations that increase value a partial cost allocation may be possible.
- Can I reduce the rent if windows are drafty?
- Yes, a rent reduction is possible for significant impairment of living quality if you document defects and have informed the landlord.
- Who do I contact in case of dispute?
- First try to reach an agreement with the landlord; if unsuccessful the local court (Amtsgericht) is competent, and consumer advice centers or legal counseling can help beforehand.
How-To
- Document defects with photos and dates (document).
- Write to the landlord and demand a deadline for remediation (notice).
- Set a clear deadline, e.g. 14 days, and record it in writing (deadline).
- Consider legal steps and inform the local court or a counseling center if needed (court).
- Use standard letters and attach evidence (form).
- Prepare files for proceedings and obtain legal advice if necessary.
Help and Support
- BGB §535 and following
- Federal Court of Justice – Decisions
- Federal Ministry of Justice and Consumer Protection
