Children's Rights & Tenant Law for Renters in Germany

Many renters in Germany wonder what rights children have in their immediate living environment and how tenant law resolves conflicts in apartment buildings. This text explains clearly which duties landlords and neighbors have, what you can do about noise, safety, shared areas or visitation rights, and how to report defects, play areas or hazards. I show which forms and deadlines are important, which sections of the BGB are relevant and how the local court decides in disputes. You will receive practical steps for documentation, communication with the landlord and guidance on legal clarification so that you as a renter can effectively protect children’s rights in everyday life. Read on for concrete checklists and contact points.

Which rights do children have in the living environment?

Children do not have a separate lease, but they benefit from general tenancy law: protection from hazards, a right to safe living conditions and protection from unreasonable disturbances. Landlord duties arise from the German Civil Code (BGB), especially regarding defect remediation and safety.^[1]

Concrete duties of the landlord

• Eliminate hazards and carry out necessary repairs (heating, stairs, windows).
• Remediate mould and other health-hazardous defects in a timely manner.
• Ensure the safety of play and communal areas.
• Provide a transparent house rule and information on regulations that affect children.

If problems exist, report defects in writing and demand remediation within a reasonable period. If the landlord remains inactive, tenants can consider legal steps; the local court and the Civil Procedure Code are relevant for this.^[2]

How to act as a renter in conflicts?

• Document damages and disruptive behaviour with photos and dates.
• Send a written defect notice to the landlord and keep a copy.
• Set a reasonable deadline for remedy (e.g. 14 days) and state the consequences.
• If unresolved, seek advice and possibly file a claim at the local court.

How-To

1. Observe and document: Note date, time and nature of the incident; take photos.
2. Written defect notice: Be brief, specific and request remediation.
3. Set a deadline: Give a clear period (e.g. 14 days) and possible consequences.
4. If no response: Send a reminder and consider legal action at the local court.
5. In case of acute danger: Inform the youth welfare office or the police to ensure child safety.

FAQ

Is play allowed in the yard or on communal areas?

Yes, as long as there is no concrete danger and no explicit house rules prohibit it; restrictions must be proportionate.

What to do about repeated nighttime noise from neighbours?

Report the noise in writing to the landlord, document times and the nature of the disturbance, and request measures to enforce quiet hours.

When should I involve the local court?

If the landlord does not remedy serious defects or the situation is dangerous for children, the local court can be contacted via a claim or interim injunction.^[2]

Key Takeaways

• Good documentation improves your position in negotiations or court.
• Written defect notices with deadlines are an effective first step.
• Consultation or the local court can help with unclear legal questions.

Help and Support / Resources

• BGB §535 and following — gesetze-im-internet.de
• ZPO – Civil Procedure Code — gesetze-im-internet.de
• Information on courts and forms – justiz.de

1. [1] BGB §535 and following — gesetze-im-internet.de
2. [2] ZPO – Civil Procedure Code — gesetze-im-internet.de
3. [3] Information on courts and forms – justiz.de