Even after a successful move and registering the apartment, challenges can arise during a tenancy. These include communication with the landlord, defects in the apartment, or unexpected costs. These situations can be managed well, however, if tenants know their rights and are aware of where to turn for support.
Particularly for international healthcare professionals who are new to Germany, German tenancy law can initially seem complex. This article provides an overview of the most common problems and how to deal with them.
Defects in the apartment
If defects arise during the tenancy such as water damage, mold, a broken heating system, or faulty windows the landlord is generally obliged to address them. Defects that were already recorded at the time of the property handover should also be kept an eye on and reported if they worsen. As a tenant, the first step is to notify the landlord of the defect in writing and document it with photos. The landlord then has a reasonable period of time to remedy the problem. If they do not respond or the repair is delayed, the tenant may under certain circumstances take further steps such as a rent reduction. Legal advice should always be sought before doing so, however, as an incorrectly applied rent reduction can itself have consequences. Further information on the property handover and what to keep in mind can be found here.
Mold
Mold in an apartment is a common problem and can raise both health and legal questions. It is important to report mold to the landlord immediately. It is often unclear whether mold has been caused by structural defects or inadequate ventilation. In a dispute, clarifying responsibility is essential: A tenants' association or legal advice can help with this.
Utility bill settlement
In Germany, tenants generally receive an annual utility bill settlement. This reconciles the actual costs for heating, water, building maintenance, and other shared services against the monthly advance payments made throughout the year. The settlement can result in either an additional payment or a refund.
The settlement must reach the tenant within twelve months of the end of the billing period, otherwise any additional claims by the landlord may be unenforceable. Tenants have the right to inspect the supporting documents for the settlement. If there is any uncertainty or doubt about its accuracy, it is worth having it reviewed by a tenants' association.
Termination by the landlord
In Germany, termination of a tenancy by the landlord is subject to strict requirements. Common grounds include the landlord's own need for the property or significant breaches of obligations by the tenant, such as persistent failure to pay rent. Statutory notice periods are generally at least three months and increase depending on the length of the tenancy. Notice must always be given in writing and with stated reasons. In the legal sense, written means the notice must be composed on paper and signed by hand – a WhatsApp message, text message, or email alone does not meet this requirement. In practice, a scanned copy is often sent by email in advance to communicate more quickly. Legally, what matters is the receipt of the signed original by post. Tenants are not obliged to simply accept a notice of termination. When in doubt, it is advisable to seek legal advice.
Problems with neighbors or house rules
In apartment buildings, there often are house rules covering regulations on quiet hours, cleaning of the stairwell, and waste disposal. When conflicts with neighbors arise, the first step is to seek a direct conversation. If the conflict cannot be resolved, the landlord can be brought in.
Getting help
When problems arise in a tenancy, the Mieterverein (tenants' association, also known as Mieterverband or Mieterschutzbund) is the first port of call. For an annual membership fee of between 80 and 120 euros, members receive legal advice and support in disputes with the landlord.
Since many matters are handled in German, it can be helpful to bring along a German-speaking person for support or to arrange an interpreter.
Early written communication with the landlord and careful documentation of defects and damage are the most important steps for protecting one's interests as a tenant in Germany. Those who stay informed and seek support when in doubt are well placed to navigate even an initially unfamiliar legal system.
