Check Tenant Claims for Shared Flats in Germany

As a tenant in Germany, it can be especially unclear in shared flats whether you have a claim for rent reduction, repairs or housing benefit. This guide helps you step by step to check common cases: how to document defects, respect deadlines, use official forms and prepare legally sound letters if necessary. I explain simple tenancy-law terms, cite relevant statutes and show which authority or court is responsible. This lets flatmates better assess their rights, collect evidence and, if necessary, initiate a lawsuit or a housing benefit application correctly. The guidance applies to tenants in Germany and points to official sources for further details.

Check claims: step by step

Main types of claims in shared flats:

• Rent reduction due to defects such as mold, heating failure or water damage.
• Landlord obligation to repair defects affecting habitability.
• Protection against eviction and formal requirements in eviction suits.
• Housing benefit applications for eligible tenants to support housing costs.

The statutory obligations are set out in the Civil Code (BGB).^[1] Details on rent reduction can be found in §536 BGB.^[2]

Practical steps:

1. First check your tenancy agreement for special rules on service charges, liability and termination periods.
2. Create a defect log with photos, dates and witnesses where possible.
3. Notify the landlord in writing and set a reasonable deadline for remedy; refer to your rights under §536 BGB if necessary.^[2]
4. If no solution is reached, consider a lawsuit at the competent local court; procedural rules are found in the ZPO.^[3]

FAQ

Can I as a flatmate alone reduce the rent?

Yes. An individual tenant can reduce the rent if their rented area is affected and they have properly informed the landlord; exact shares should be governed by the tenancy agreement or mutual arrangement.

Do I have to report defects immediately?

Yes. Defects should be reported in writing without delay to preserve deadlines and evidentiary value; keep copies and delivery confirmations.

Which court handles an eviction suit?

Rent disputes and eviction suits are handled in the first instance by the competent local court (Amtsgericht); appeals go to the regional court (Landgericht) and in special cases to the Federal Court of Justice (BGH).^[4]

How-To

1. Read the tenancy agreement and mark relevant clauses on repairs, termination and payment obligations.
2. Collect evidence: photos, chat logs, witness statements and invoices for repairs.
3. Draft a defect notice with a deadline; use official templates if available.
4. If the landlord does not respond, prepare a claim at the local court or seek legal advice first.

Help and Support

• Civil Code (BGB) §535
• BGB §536 (rent reduction)
• Federal Court of Justice (BGH) decisions
• Housing benefit information (BMWSB)

1. [1] Bürgerliches Gesetzbuch (BGB) §535
2. [2] Bürgerliches Gesetzbuch (BGB) §536
3. [3] Zivilprozessordnung (ZPO)
4. [4] Bundesgerichtshof (BGH) Entscheidungen
5. [5] Federal Ministry for Housing: Housing Benefit