Living Area Discrepancy: Tenant Rights in Germany
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.
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.
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.
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
- Record measurements systematically: measure all rooms and create a protocol with a sketch.
- Inform the landlord in writing: send a request with a deadline and supporting documents.
- Check financial settlement: calculate possible reimbursements or rent reductions.
- If necessary, file a claim at the local court: attach all evidence and state the legal basis.
Help and Support / Resources
- Gesetze im Internet – BGB and other laws
- Federal Court of Justice – information and decisions
- Justice portal – information on local courts and forms