Documenting Shared Kitchens for Tenants in Germany
Many tenants in Germany face conflicts over shared kitchens because defects, hygiene problems or unclear usage rules are not documented systematically. As a tenant you should know how to reliably record damage, recurring problems and agreements, which evidence is useful (photos, date, witnesses) and how to communicate in writing with the landlord so that issues are resolved faster and your rights are protected. This guide explains in simple practical steps which typical mistakes to avoid, how to set up clear documentation and which deadlines and legal basics in Germany you should know. There is also a step-by-step instruction, FAQs, help resources and references to official forms and courts.
Why documentation matters
Good documentation protects tenants in disputes about cleaning, damage or operating costs. Legal rules in tenancy law (Bürgerliches Gesetzbuch, BGB) define landlord and tenant duties; precise evidence helps to assert or limit claims.[1]
When documentation is especially helpful
- For visible damage: take photos with date and time.
- For recurring defects: note the time and type of the disturbance.
- For agreements: record briefly in writing and ask for confirmation.
- For safety or health risks: inform the landlord immediately.
Common mistakes and how to avoid them
Many problems arise because tenants do not document verbal agreements, lose photos or miss deadlines. Avoid these mistakes and document consistently:
- No or blurry photos without date.
- No notes on recurring issues.
- Not reporting in writing to the landlord or ignoring deadlines.
- Not naming witnesses or co-users.
How to document properly
Use a simple, traceable structure: date/time, location in the shared kitchen, description of the problem, photos, witnesses, and which measures have already been taken. Send important communications in writing and request a confirmation of receipt.
- Take photos from multiple angles and keep the original files.
- Record date and time of each observation or disturbance.
- Draft a short defect notice to the landlord and send it preferably by email with read receipt or by registered mail.
- Keep a simple logbook (e.g. date, time, description, involved persons).
- Note witness names and ask for brief written confirmation if possible.
Deadlines and legal steps
If the landlord does not respond or defects are not remedied, tenants may claim rights such as rent reduction or damages. Courts for tenancy disputes are usually the local Amtsgerichte; procedural rules are in the Civil Procedure Code (ZPO).[2]
Forms and templates (official guidance)
There is no single nationwide mandatory form for defect notices, but the following documents are practically relevant:
- Defect notice / written communication to the landlord — useful as a standalone document with date and a clear deadline.
- Filing a claim in court (if necessary) — according to the ZPO rules, filed at the competent local court.
Relevant case law from the Federal Court of Justice (BGH) may be important in complex cases.[3]
FAQ
- Which pieces of evidence help in disputes about shared kitchens?
- Photos with dates, a logbook with observations, written notices to the landlord and witness statements are particularly persuasive.
- Can I reduce the rent if the kitchen is unusable?
- For significant impairments, a rent reduction may be possible; check the prerequisites and document the defect carefully.
- Where can I turn if the landlord does not respond?
- First follow up in writing and set deadlines; if there is no response, seek advice from authorities or consider filing a claim at the competent local court.
How-To
- Take photos immediately and keep the original files.
- Record date, time and details of each incident.
- Send a short defect notice to the landlord and set a clear deadline.
- Name witnesses and document their statements in writing if possible.
- If no solution follows: check procedures at the local court and prepare documentation.
Key Takeaways
- Photos and timestamps are central evidence.
- Written defect notices create proof and deadlines.
- Observe deadlines and respond quickly to landlord replies.
Help and Support
- BGB: Civil Code, relevant tenancy rights
- ZPO: Civil Procedure Code, filing procedures
- Federal Court of Justice (BGH) – Official site
