Check Tenant Claims in Germany for Shared Flats

As a renter in a shared flat in Germany you may wonder whether you have a claim for rent reduction, cost coverage or housing benefit. This article explains clearly and practically which steps are necessary, how to meet deadlines and which official forms are relevant. You will receive guidance on documenting defects, on the correct approach to a rent increase and on the process and form of a termination. The goal is that you can check your claim, assess chances and, if necessary, contact the appropriate authorities such as the local court or the housing benefit office. Technical terms are explained simply and concrete action steps are given so that you can act more confidently in talks with the landlord or in court.

What tenants in shared flats should check first

• Check whether a defect affects the usability of the rented property (e.g. heating, mold, water).
• Verify whether rent increases were announced and justified correctly.
• Observe deadlines: report defects and respond within statutory time limits.
• Secure evidence: photos, defect reports, witnesses, correspondence.
• Check relevant forms, such as the housing benefit application or a power of attorney for legal representation.

Which laws and authorities matter

Tenancy law in Germany is found in the Civil Code (BGB), particularly regarding landlord duties and tenant rights.^[1] Procedural rules for court actions are in the Civil Procedure Code (ZPO).^[2] For financial support (housing benefit) the Housing Benefit Act (WoFG) regulates entitlement and procedures; applications are usually handled by municipal housing benefit offices.^[3]

Forms and templates (when they help)

Important official forms include for example:

• Housing benefit application (when income support is needed to pay rent) — example: if one flatmate has low income.
• Power of attorney for an authorized person (for legal proceedings or when a flatmate needs formal representation).
• Eviction claim (court procedure if formal eviction becomes necessary).

Forms and details on housing benefit can be found on official form portals and at your municipality; for court matters the local court (Amtsgericht) is your contact, appeals go to the Regional Court (Landgericht), and precedent decisions are at the Federal Court of Justice (BGH).^[4]

Concrete steps when defects occur

1. Document the defect immediately with date and photos.
2. Send a written defect notice to the landlord and set a deadline for repair.
3. If the defect is not fixed, assess whether a rent reduction is appropriate and document your decision.
4. If escalated, contact the local court or seek legal assistance.

FAQ

When can I, as a shared flat tenant, reduce rent?

When the usability of the rented property is restricted (e.g. no heating, severe mold) and the landlord does not act in time after notification.

How do I apply for housing benefit for a shared flat?

A member of the flat applies at the responsible municipal housing benefit office; submit proof of income and the rental contract.

What can I do if an incorrect rent increase was announced?

Check formal requirements, lodge a written objection and consider legal steps at the local court.

How‑To

1. Record the defect, date and impact on use.
2. Send a written defect notice to the landlord with a deadline.
3. If there is no response, check whether to reduce the rent and document it.
4. In disputes, inform the local court or obtain legal help.

Help and Support

• [1] BGB §§ 535–580a on gesetze‑im‑internet.de
• [2] ZPO on gesetze‑im‑internet.de
• [3] Federal forms portal (housing benefit application)
• [4] Federal Court of Justice (BGH)

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1. [1] BGB §§ 535–580a on gesetze‑im‑internet.de
2. [2] ZPO on gesetze‑im‑internet.de
3. [3] Federal forms portal (housing benefit application)
4. [4] Federal Court of Justice (BGH)