Living Area Discrepancy: Tenant Rights in Germany

Rent & Rent Control 2 min read · published September 07, 2025

What is a living-area discrepancy?

A living-area discrepancy occurs when the actual usable floor area of an apartment differs from the area stated in the lease or in the area calculation. Such discrepancies arise from measurement errors, incorrectly calculated balcony shares or missing area entries. For the legal consequences it is important whether the deviation is material and whether the area in the contract served as the basis for the rent[1].

  • Check measurements: Measure all rooms, balconies and storage areas according to the applicable method or the contractually agreed method.
  • Document: Take photos, notes and a simple sketch with measurements as evidence.
  • Observe deadlines: Give the landlord a deadline to respond, e.g. 14 days, and document delivery.
  • Compare with the lease: Check which areas are stated in the contract and whether deviations were agreed.
In most regions, tenants are entitled to a correct floor area statement.

Rights and legal bases

Important legal bases include the German Civil Code (BGB, especially §§ 535–580a) for landlord and tenant duties and the Code of Civil Procedure (ZPO) for court steps[1][2]. For significant deviations tenants can consider a rent reduction, claim repayment of overpaid rent or damages in cases of fraudulent misrepresentation. Whether rent reduction is possible depends on each case: the size of the deviation, tenant knowledge at contract signing and effects on usability matter.

Respond in writing and set a clear deadline, otherwise claims can be harder to enforce.

Practical steps in a dispute

  • Collect evidence: measurement protocol, photos, e-mail exchanges and the lease.
  • Send a written request to the landlord with a deadline and attachments.
  • Check financial effects: calculate possible repayments or rent reductions.
  • Prepare for court: if out-of-court steps fail, the local court (Amtsgericht) is competent.
Good documentation increases the chance of success in out-of-court and court procedures.

FAQ

When can I reduce the rent because of a living-area discrepancy?
A rent reduction is possible if the deviation reduces the usability of the apartment or the rent was obviously set too high; the amount depends on the individual case.
How do I measure the living area correctly?
Measure according to the applicable regulation (if contractually agreed) or the method stated in the lease; carefully document measurements and method used.
Which court is competent for tenancy disputes?
Most tenancy disputes are heard by the local court (Amtsgericht); appeals may go to the regional court (Landgericht) and fundamental questions to the Federal Court of Justice (BGH).

How-To

  1. Record measurements systematically: measure all rooms and create a protocol with a sketch.
  2. Inform the landlord in writing: send a request with a deadline and supporting documents.
  3. Check financial settlement: calculate possible reimbursements or rent reductions.
  4. If necessary, file a claim at the local court: attach all evidence and state the legal basis.

Help and Support / Resources


  1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
  2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
  3. [3] Bundesgerichtshof (BGH) – decisions in tenancy law
  4. [4] Justice portal – information on forms and courts
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.