Enforce Floor Area Differences: Tenants in Germany
Many tenants in Germany notice after moving in or during billing that the measured floor area differs from the area stated in the lease. Such floor area discrepancies can affect rent, service charges and the security deposit. This guide explains how you as a tenant can check your rights, calculate floor area correctly, document findings and, if necessary, enforce a rent reduction or claim a refund. We explain deadlines, required forms and the jurisdiction of local courts as well as practical steps for negotiating with the landlord. The aim is to give you clear steps so you can act confidently and knowledgeably in Germany without unnecessary legal jargon.
What is a floor area discrepancy?
A floor area discrepancy exists when the actual area determined according to the Living Space Ordinance or the agreed calculation standard materially differs from the area stated in the lease. This can form the basis for a rent reduction or a refund, especially because the rent amount is calculated based on the agreed area.[1]
In most regions the floor area directly influences the rent amount.
What tenants can do
- Collect documents: compile floor plans, the lease, photos and your own measurement records.
- Observe deadlines: give the landlord a reasonable period to respond and correct the floor area.
- Use forms: use template letters for rent reduction or claims and send them with proof of delivery.
- Involve the local court: if negotiations fail, you can file a lawsuit at the competent local court; jurisdiction rules are in the ZPO.[2]
Keep all measurement records and photos as evidence.
Using official forms
Important official templates and guidance can be found at the Federal Ministry of Justice. Relevant documents include the BMJ sample termination letter or template letters for rent reduction. Example: If your landlord does not respond, send a written defect notice by registered mail with a deadline to correct the floor area before asserting refund claims.[3]
Always submit notices and claims in writing and document the dispatch.
FAQ
- Can I reduce the rent because of a significant floor area discrepancy?
- Yes, significant discrepancies can justify a rent reduction. Check the extent of the discrepancy, document the measurements and inform the landlord in writing.
- Who decides on disputes about the floor area?
- The competent local court decides, often after commissioning an expert opinion.
- What deadlines must I observe?
- Defect notices should be made promptly; set a reasonable deadline for remedy and document all steps.
How-To
- Collect documents and calculate area: measure rooms according to the Living Space Ordinance or the contractually agreed standard.
- Inform in writing: send a defect notice with a clear deadline to the landlord.
- Use forms: use template letters for rent reduction or claims and send them with proof of delivery.
- Court action: if necessary, prepare a claim at the competent local court and submit all evidence and measurement records.
Help and Support
- Forms & templates: Federal Ministry of Justice
- Laws: German Civil Code (BGB) at gesetze-im-internet.de
- BGH: decisions and guidance
