German courts rule on tenant rights regarding renovations and landlord claims

Recent rulings from German courts have clarified the legal boundaries regarding tenant renovations and landlord claims of personal use.

The Federal Court of Justice (BGH) ruled in case VIII ZR 274/23 that unauthorized structural changes to a rental property do not automatically justify a termination of the lease. In this specific instance, the court found the terminations invalid, citing factors such as the long duration of the tenancy and the fact that previous renovations had been approved.

In a separate case at the Berlin-Mitte District Court, landlords were ordered to pay €3,351.99 in damages and interest after being found to have falsely claimed personal need for a property. The court determined that the landlords' claim that their daughter would move into the apartment was not genuine, noting she lived abroad without plans to return. While the court awarded the tenants €12 per hour for moving labor, the tenants were required to cover 82 percent of the legal costs because many of their other claims were rejected.