Window Replacement: Tenant Mistakes in Germany

As a tenant in Germany, you will often face questions about consent, modernization costs and rent reduction during a window replacement. Many tenants do not know when a landlord may renovate, which costs may be passed on to tenants and which deadlines apply. This guide explains in plain language common mistakes — such as missing written consent, unclear modernization notices or incomplete documentation — and shows how you can legally contest such measures. I provide concrete steps, relevant legal provisions and practical sample notes so you can enforce your rights without legal expertise. Useful links to official laws and courts make further action easier. Read on for step-by-step instructions, checklists and questions to ask your landlord.

Common mistakes during window replacement

Many mistakes occur because tenants or landlords do not observe deadlines, formal requirements and cost rules. The following points are recurring:

• No written notice requested: Often there is no clear modernization notice with deadlines (notice).
• Assuming consent instead of asking: Landlords sometimes act without tenant consent.
• Unclear cost allocation: Tenants are charged even though the modernization is not permissible or incorrectly billed (rent).
• No review of substitute performance or repair obligation (repair).
• Lack of documentation: Photos, records and witnesses are missing (evidence).
• Formal errors in terminations or eviction threats lead to unnecessary court proceedings (court).

What does the law say?

The basic duties of landlord and tenant are set out in the German Civil Code (BGB), in particular regarding defects, modernizations and the landlord's obligations.^[1] For legal actions, the rules of the Code of Civil Procedure (ZPO) apply.^[2] Violations of formal requirements can result in measures being contested or costs not being passed on.

Typical legal consequences

• Invalid notice: Tenants can raise objections and, if necessary, consider rent reduction.
• Improper costs: Allocations for pure maintenance are often not permissible as modernization costs (rent).
• Missed deadlines: Non-compliance with deadlines can make contesting easier (court).

How tenants should react and contest measures

If you are affected, follow clear steps: check, document, object, and, if necessary, sue. Each action should be reasoned, dated and evidenced. Before formal litigation, it is often advisable to send a formal contestation letter and set a deadline for a response.

Practical steps

• Document condition and dates with photos, witnesses and timestamps (evidence).
• Request a written modernization notice with detailed information (notice).
• Insist on a comprehensible cost breakdown and check which costs are allocable (rent).
• Contact the landlord or property manager; record topics and outcomes in writing (call).
• If necessary, prepare a lawsuit and contact the competent local court (court).

Forms and templates

There is no single mandatory form for every case, but typical documents include:

• Termination letter / objection letter to the landlord (notice): A formal letter in which you dispute the notice or ask for clarification. Keep a copied and dated version as proof.
• Contest letter regarding defective modernization notice (notice): Specify which information is missing and set a deadline for correction.
• Filing a claim at the local court (notice/court): If you go to court, use the civil procedure form or the application requirements of the competent local court.^[2]

FAQ

Can the landlord replace windows without my consent?

In principle, the landlord can carry out modernizations, but often needs to announce them and justify cost allocations; in many cases tenant consent is not mandatory, but an announcement according to the BGB is required.^[1]

Who pays for window replacement?

Costs are only passed on under certain conditions; pure maintenance is generally not allocable as modernization.

How can I contest a modernization notice?

Send a formal contestation letter with a deadline, document all defects and consider legal action if necessary.

How-To

1. Check: Read the notice carefully and note deadlines and scope of work.
2. Document: Take photos of the previous condition and prepare a handover protocol.
3. Object: Send a written contestation letter with reasons and a deadline.
4. Communicate: Speak with the landlord or management and record outcomes in writing.
5. Legal steps: If necessary, prepare a lawsuit and file it with the competent local court.^[3]

Key Takeaways

• Document everything with dates and photos to support any dispute.
• Question unclear cost allocations and demand transparent breakdowns (rent).

Help and Support / Resources

• Gesetze im Internet (BGB) - §§ 535–580a
• Bundesgerichtshof (BGH) - Decisions on tenancy law
• Gesetze im Internet (ZPO) - Procedural rules

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Decisions on tenancy law