Childrens Rights in Housing - Tenant Rights Germany

As a tenant in Germany, parents and children are afforded special protection when housing conditions affect health or safety. This guide plainly explains which rights children have in apartment buildings, how tenants can report defects such as mold, lack of heating, or unsafe play areas, and which deadlines to observe. You will get practical steps for documentation, guidance on official forms and sample letters, and an overview of when a rent reduction is possible and when the local court should be involved. The information is based on German laws and court procedures and cites official sources for templates and forms.^[1]

Rights of Children in the Housing Environment

Children are part of the rented property: quality of living, protection from hazards and adequate provision of heating and water are landlord duties under the BGB. If substantial defects occur, tenants can assert remedies such as repair or rent reduction.^[1]

Practical Steps: Defects, Noise, Safety

Act by documenting, reporting, setting deadlines and, if necessary, considering legal measures when the living environment endangers children.

• Send a written defect notice to the landlord and set a deadline for remediation (for example 14 days).
• Collect evidence: photos, timestamps, witness statements and damage logs.
• In cases of health risk (mold, lack of heating) report immediately and keep medical records.
• Do not withhold rent without legal certainty; check statutory rules on rent reduction.

Rent Reduction and Legal Basis

Rent reduction is possible when the usability of the apartment is substantially impaired. Relevant are the rules in the BGB and case law of the BGH; document scope and duration of the defect carefully and inform the landlord in writing.^[1][4]

When the Local Court Becomes Necessary

If informal solutions fail, litigation at the competent local court may be necessary. Tenancy disputes usually start at the Amtsgericht; eviction claims and enforcement follow the procedural rules of the ZPO.^[2][3]

FAQ

Can I reduce the rent if the child’s room is damp?

Yes, under certain conditions a rent reduction is possible. Document the defect precisely and give the landlord a reasonable deadline to remedy it.

Where do I turn if the landlord does not respond?

Send a registered letter with a deadline and seek legal advice if inactivity continues; in serious cases the local court can be invoked.

Are there official sample letters or forms?

Forms and guidance are available from your competent local court and on official justice websites; use sample letters for defect notifications and deadline setting.

How-To

1. Describe the defect in writing and set a clear deadline for the landlord (e.g. 14 days).
2. Collect evidence: photos, witnesses and medical records if health is affected.
3. Send the defect notice by registered mail or electronically with delivery confirmation.
4. Contact local authorities or advisory services if the landlord does not react.
5. If necessary, prepare a claim at the local court and attach all documents as evidence.

Help & Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Information on Courts and Amtsgericht – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Information on Local Courts (Amtsgericht) – justiz.de
4. [4] Federal Court of Justice (BGH) – Selected decisions on tenancy law