Documenting a Flatshare in Germany – Tenant Rights
Why documentation matters
Good documentation shows when a defect first occurred, who was informed and which deadlines apply; this helps to prove claims under the BGB.[1]
Which documents to collect
- Photos of defects (photo): multiple angles, include a scale with a ruler or object.
- Date and time of discovery (time) and who was present.
- Correspondence with landlord/management (form): emails, letters, replies.
- Move-in and move-out handover protocol (record) and inventory list.
- Deposit receipts and payment records (deposit) and utility bills.
How to report defects correctly
Describe defects in writing with date, description and a reasonable deadline for remedy and send the notice by email and, if necessary, by registered mail. Deadlines from the BGB are crucial for legal steps.[1]
Examples of sample forms
There is no nationwide standard form for defect notices, but there are sample termination letters from the Federal Ministry of Justice. Use clear wording: date, description of defect, deadline, requested remedy and a note about possible rent reduction or legal action.
FAQ
- What should I document when living in a flatshare in a dorm?
- Photos, date/time, handover protocols, correspondence and payment records are important.
- How quickly must I report defects?
- Defects should be reported in writing without delay; deadlines and legal consequences are guided by the BGB.[1]
- Where can I turn if the landlord does not respond?
- If the landlord does not respond, tenants can involve the local court (Amtsgericht) or seek legal advice; important case law comes from the BGH.[3]
How-To
- Take photos (photo): Document damage from multiple angles.
- Note date and time (time): Record when defects were discovered.
- Report defects in writing (form): Send a clear defect notice to landlord and management.
- Secure receipts (deposit): Save deposit and payment records.
- Wait for a response and respect deadlines (court): If there is no response, consider legal steps.[2]
- Seek legal advice (support): Contact advisory services or bring documents to the local court.[3]
Key Takeaways
- Good documentation protects your deposit and rights.
- Act quickly and observe deadlines.
Help and Support
- Gesetze im Internet – BGB (support)
- Gesetze im Internet – ZPO (support)
- Federal Court of Justice – Decisions (support)