Area Discrepancy: Tenants Enforce Rights in Germany

Many tenants in Germany discover after moving in or during handover that the actual living area differs from the area stated in the rental contract. Such area discrepancies can affect the amount of rent, stepped or index rent agreements and even service charge calculations. This guide clearly explains which rights tenants have, how to prove discrepancies, which official forms and deadlines apply and how to draft a precise sample letter to enforce reductions or claims. We show practical step-by-step measures, which evidence is important and when a trip to the local court may become necessary. The aim is to give you, as a tenant in Germany, clear, actionable tools.

What is an area discrepancy?

An area discrepancy occurs when the area stated in the rental contract differs from the actual usable area. Differences often arise from improperly accounted balconies, sloping ceilings or communal areas. Legally, this can affect rent and allocation of service charges.^[1]

Tenants' rights

• You can claim a rent reduction if the usable area significantly impairs the contract.
• If you overpaid, a claim for refund should be considered, possibly retroactively.
• Request a written correction of the area statement and an adjusted billing.
• If the landlord is uncooperative, filing a suit at the local court is possible.

Sample letter: asserting an area discrepancy

First name Last name
Address
Date

To the landlord / property management
Subject: Determination and correction of the living area; request for billing correction

Dear Sir or Madam, during the handover / by my own measurement I found that the actual living area is X m², while the rental contract states Y m². Please check the information and correct the rent and service charge accounting. I request written confirmation and reimbursement of overpaid rent within 14 days.

Sincerely

When to use this letter: When the difference is measurable and documented; attach measurement records and photos.

• Measurement record with date and method
• Photos of affected areas (e.g. sloping ceiling)
• Copy of the rental agreement

How-To

1. Measure the area carefully and document date and method.
2. Send the sample letter by registered mail or email with delivery receipt.
3. Gather evidence: photos, records, earlier bills.
4. If no agreement is reached, consider filing a suit at the local court under the ZPO.
5. Seek legal advice or tenant counseling in your city.

FAQ

Can I reduce the rent because of an area discrepancy?

Yes, if the discrepancy significantly restricts usability or the contractually agreed area; check the individual case and proof^[1].

How do I measure the living area correctly?

Use recognized measurement methods (e.g. DIN standards) and record the result, date and photo.

When should I go to court?

If the landlord does not respond or rejects the claim, filing a suit at the local court is possible; observe civil procedure deadlines.^[2]

Help and Support / Resources

• BGB §535 – Landlord duties (Gesetze im Internet)
• ZPO – Civil Procedure (Gesetze im Internet)
• Federal Court of Justice – tenancy law decisions

1. [1] Gesetze im Internet: BGB §535 (Mietvertrag)
2. [2] Gesetze im Internet: ZPO (Zivilprozessordnung)
3. [3] Bundesgerichtshof: Entscheidungen zum Mietrecht