Challenge Floor Area Errors: Tenants in Germany

Floor area discrepancies can cost tenants in Germany a lot of money and trigger rental disputes. If the area stated in the lease significantly differs from the actual area, it is worth checking: tenants should measure systematically, secure photos and contracts, and submit a written objection to the landlord. This article explains simple steps for collecting evidence, which deadlines to observe and when it makes sense to consider legal action at the local court. We name relevant sections of the BGB and procedural notes for filing a claim, show model forms and offer practical wording suggestions for your letters. The goal is to give you, as a tenant in Germany, a clear, practical guide to assert your rights securely and understandably.

Why floor area discrepancies matter

An incorrect floor area statement can lead to excessive rent or incorrect service charges. Tenants are entitled to correct information; significant deviations can justify a proportional rent reduction or refund. Typical errors arise from incorrect inclusion of balconies, staircases or areas not permanently usable. First check the lease information and compare it with floor plans and current condition.

When is contesting worthwhile?

Contesting is generally worthwhile when the difference is noticeable (commonly from about 10 % deviation) or when there are financial disadvantages. Before formal steps, collect evidence and try to resolve the matter in writing with the landlord. Mention the deviation explicitly and request a correction or an agreed rent reduction.

• Secure documents and photos (evidence).
• Re-measure the living area and check the floor plan (measure).
• Send a written defect notice to the landlord and set a deadline (notice).
• Observe deadlines: respond promptly and note time limits (deadline).
• Initiate court proceedings if necessary (court).

Rights, laws and courts

Key provisions for tenancy are found in §§ 535–580a BGB.^[1] If you consider court action, the rules of the ZPO govern claims and deadlines.^[2] Rental disputes are usually heard at the local court in the first instance; higher courts and the Federal Court of Justice may decide on appeals.^[3]

Forms and templates

There are standard forms and templates for many steps, e.g. model letters for defect notices or complaint forms at the local court. A practical workflow is: gather evidence, request correction from the landlord in writing, set a deadline, and file a claim at the local court if there is no response.

Practical wording examples

A short, clear letter to the landlord can often resolve the issue. Example: "I hereby dispute the floor area stated in the lease of XX m². My measurement shows an actual floor area of YY m². Please correct the information and inform me by DD.MM.YYYY whether you agree to a proportional rent reduction." Attach measurement records and photos as annexes.

FAQ

At what deviation is it worth contesting?

Often from about 10 % deviation, especially if it causes noticeably higher rent; assess each case individually.

Does the landlord have to re-measure the area?

The landlord must provide information; in case of dispute a survey or expert report may be necessary.

Where do I file a claim?

Claims related to tenancy disputes are typically filed at the competent local court (Amtsgericht).

How-To

1. Collect evidence: lease, floor plan, photos and measurement records (evidence).
2. Send a formal defect notice to the landlord and set a reasonable deadline (notice).
3. Observe deadlines and document responses or lack thereof (deadline).
4. If necessary, file a claim at the local court or seek legal advice (court).

Help and Support / Resources

• Gesetze im Internet: BGB (Mietrecht)
• Gesetze im Internet: ZPO (Prozessrecht)
• Bundesgerichtshof: Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions