Children's Rights at Home: Tenants in Germany
Many tenants in Germany wonder what rights children have in a shared apartment and how conflicts with landlords or neighbors can be resolved fairly. This guide explains in clear terms which obligations landlords have, how children's rights protect everyday life at home and which forms or deadlines are important. You will find practical examples of how to address noise, visiting hours or renovations calmly and how to document when quality of life or safety is affected. The text is aimed specifically at tenants in Germany and shows concrete steps, sample forms and official contacts for disputes.
Which rights and obligations apply?
Under German tenancy law, duties and rights arise from the BGB §§ 535–580a[1] and procedural rules under the ZPO[2]. Landlords must provide habitable rooms; tenants are entitled to protection of living standards. Children’s rights in the home are not separately regulated in tenancy law but operate through protective duties and the obligation to show consideration.
Sections 535–580a of the BGB set out central tenant rights and duties.
Practical examples and common conflicts
Common cases concern noise, use of common areas, renovations and visiting hours. How to respond practically:
- Agree and document deadlines and appointments in writing.
- Seek an initial conversation with the landlord and explain the concern calmly.
- Take photos and notes, record names of witnesses.
- Use forms, e.g. sample termination or defect notice as written evidence.
Keep all messages and receipts in a single file.
Important forms and templates
For concrete steps, tenants should use official templates: termination letters, defect notices and payment records. Templates and guidance are available from the Federal Ministry of Justice. BMJ[3]
Send legally relevant letters by registered mail or with proof of receipt.
How-To
- Document: collect photos, date, time and witnesses.
- Contact: inform the landlord in writing first and set a deadline.
- Enforce deadlines: use defect forms and state clearly what remedy you expect.
- Observe deadlines: respond within set timeframes or you may lose rights.
- Court action: if necessary, file a claim at the competent local court (Amtsgericht).
Early documentation greatly simplifies later legal steps.
FAQ
- Which rights do children have in the rental apartment?
- Children do not have their own tenancy contract, but they have protective claims under tenancy law and the best interests of the child, which require consideration for sleep, education and safety.
- Can I reduce the rent if neighbors impair the quality of living?
- Yes, for significant impairments to living quality a rent reduction is possible; extent and duration depend on the BGB and the concrete impairment.
- Who is responsible for an eviction claim?
- Eviction claims and related proceedings are usually heard at the local Amtsgericht (district court).
Key points for tenants
- Document every incident with date and evidence.
- Use written requests and confirm receipt.
