Avoid Tenant Mistakes: Tenants' Rights Germany
Many tenants in shared flats are unsure how to correctly object to child rights issues, noise protection, defects or terminations. This guide explains in practical terms which typical mistakes occur in tenancy law in Germany and how flatshare residents can avoid them legally. You will receive clear steps for reporting defects, setting deadlines, documenting evidence and acting against unjustified terminations. All advice is written for tenants in plain language, names relevant laws and shows which courts or authorities are responsible. Use the tips to effectively enforce your rights as a tenant and avoid unnecessary conflicts with landlords. The guide includes sample wordings, evidence preservation tips and which official forms and courts you should use.
What tenants in flatshares need to know
Flatshare residents often share responsibility for rent payments, damages and communal areas. In German tenancy law, §§ 535–580a BGB regulate the rights and duties of landlord and tenant[1]. Practically this means: defects must be reported, deadlines set and records kept. In disputes, the local court (Amtsgericht) is usually responsible; higher values may go to the regional court (Landgericht)[2]. In court: those who document have better chances.
Typical mistakes and how to avoid them
- Not setting a deadline (deadline): Sending complaints without a clear deadline and not following up.
- Reducing rent (rent) indiscriminately instead of naming and documenting defects precisely.
- Failing to document defects (document): No photos, dates or witness statements.
- Not using official templates or sample letters (form): Vague letters are often ignored.
- Going to court without evidence (court): Local or regional courts require clear proof.
- Not agreeing on deadlines and key handover when moving out (move-out), which favors later claims.
Concrete phrasing helps: name the defect, date, impact on use, set a deadline for repair (e.g. 14 days) and state that you will consider rent reduction or remedial action if not fixed. Send a copy by registered mail or email with read receipt and save all replies.
What to do in case of termination or eviction threat
If you receive a termination, first check the reasons and deadlines under the BGB. Respond in writing and within set deadlines, otherwise eviction proceedings may follow. In eviction proceedings gather all receipts, correspondence and witness statements. The local court handles many tenancy cases; early legal advice is often worthwhile.
FAQ
- Can I reduce my rent if the apartment has defects?
- Yes, a rent reduction is possible for significant defects. Report the defect in writing, set a reasonable deadline for repair and document the scope and effects of the defect.
- Who is responsible for tenancy disputes?
- Generally local courts (Amtsgerichte) are responsible for tenancy matters; regional courts (Landgerichte) handle larger dispute values. Appeals can reach the Federal Court of Justice (BGH)[2].
- Are there sample forms for termination or defect notices?
- There are official notices and sample letters from authorities such as the Federal Ministry of Justice; use available templates for termination letters or defect notifications[3].
How-To
- Prepare a letter (form): Describe the defect precisely and include the date and affected rooms.
- Collect evidence (document): Take photos, videos and secure witness statements.
- Set a deadline (deadline): Name a clear grace period (e.g. 14 days) and state legal consequences.
- Contact the landlord (contact): Reach out in writing and by phone and record responses.
- If needed, prepare a lawsuit (court): Gather documents and file at the competent local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Federal Court of Justice (BGH) – case law on tenancy
- Federal Ministry of Justice – forms and guidance
