Living Area Discrepancy: Tenant Checklist Germany

As a tenant in Germany, discrepancies between the contractual living area and the actually measured area can have significant financial consequences. This guide explains in plain language how to detect living area discrepancies, systematically document them and use them as an argument against unlawful rent increases or excessive utility charges. You will learn which measurement methods apply, which documents are important and when formal steps such as a written request or involving the local court are appropriate. I show practical steps for building evidence, drafting letters and possible legal actions so that you as a tenant can assert your rights in Germany in a well-founded and objective manner. The checklist contains concrete drafting suggestions, notes on official measurement standards and examples of an evidence package you can present to the landlord or a court. With clear steps, you reduce the risk of missing deadlines or losing evidence.

What is a living area discrepancy?

A living area discrepancy occurs when the actually usable area of an apartment differs from the area stated in the lease. In the case of larger discrepancies, tenants may have claims for repayment, rent reduction or contesting back charges; rights and obligations arise from tenancy law and the relevant provisions in the BGB.^[1]

When is it worth proving?

• If a rent increase has been announced (rent) and the base area is stated larger than actually present.
• For high utility charge claims that depend on the stated living area (rent).
• If measurements or evidence are missing and you can create photo-documented proof (evidence).
• If the landlord uses inconsistent area figures in listings, contract and statements (notice).

Checklist: Assemble the evidence package

• Measurement protocol with clear method, date and signature (evidence).
• Photos of rooms with tape measures or laser measure to substantiate claims (evidence).
• Copy of the lease, listings and statements for comparison documentation (notice).
• Calculation example for rent reduction or repayment with concrete euro amounts (rent).
• Notes on structural peculiarities (eaves, sloped ceilings) and how these are considered under measurement standards (repair).

Courts often refer to accepted methods (e.g. housing area regulations or DIN standards), so clearly note the method used in the protocol.

How to respond in writing?

Start with a factual letter to the landlord: brief description of facts, list of evidence and a concrete demand (e.g. correction of living area, repayment of X euros or adjustment of utility charges). Attach copies of the evidence package and set a reasonable deadline for reply. If no agreement is reached within the deadline, you can involve the local court or seek legal advice.^[2]

If it goes to court

Tenancy disputes are usually handled by the local court; errors in decisions may involve higher courts, finally the Federal Court of Justice. Judicial decisions are based on law and relevant case law; therefore document your evidence and calculations thoroughly.^[3]

FAQ

How do I measure the living area correctly?

Use recognized measurement methods (e.g. rules for living area calculation or DIN standards), record measurements, area formulas and deductions for sloped ceilings in the protocol.

What deadlines apply when I claim repayment?

Deadlines can vary; act promptly, give the landlord a written deadline and document dispatch and receipt. In court proceedings, the deadlines of the Code of Civil Procedure apply.

Do I need a lawyer?

Legal advice helps in complex cases but is not mandatory for initial enforcement of your claims. Many local tenant advice services can assist with initial steps.

How-To

1. Measure and record: Measure all rooms precisely and create a measurement protocol (evidence).
2. Collect documents: Gather the lease, listings and statements and compare the stated areas (notice).
3. Calculate the financial difference: Compute the financial difference and formulate a demand with a concrete amount (rent).
4. Send the letter and possibly court: Send the letter by registered mail and check the local court's jurisdiction if necessary (court).

Key Takeaways

• Documentation is decisive: measurement protocols and photos are your strongest evidence.
• Make clear, time-bound demands to the landlord.
• If disputed, the local court is usually responsible.

Help and Support / Resources

• [1] BGB §§ 535–580a - Gesetze im Internet
• [2] ZPO - Zivilprozessordnung - Gesetze im Internet
• [3] Bundesgerichtshof (BGH) - Official site

1. [1] BGB §§ 535–580a - Gesetze im Internet
2. [2] ZPO - Zivilprozessordnung - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official site