Initial Consultation for Tenants in Shared Flats Germany
Many tenants in shared flats in Germany face similar questions: which documents do I need for an initial consultation, how do I prove defects, and which deadlines are important? This guide explains clearly which documents and evidence you should collect, how to use appointments with tenant associations or advice centers effectively, and which forms are relevant if needed. You will get concrete action steps for talks with the landlord, advice on rent reduction and protection against unlawful termination, and examples of when legal aid or consultation assistance may be appropriate. The goal is to make you more confident when preparing for an initial consultation and to avoid unnecessary stress.
Before the initial consultation
Prepare the most important documents, structure your questions and note deadlines. This makes it easier for an advice center or tenant association to assess your case and increases the chance of quick help.
- Have your rental agreement, handover report and recent service charge statements ready.
- Collect receipts for rent payments, proof of deposit and bank statements.
- Document defects with dated photos, SMS/WhatsApp messages and emails.
- Note all relevant dates and deadlines (e.g. set repair deadlines).
What to say at the consultation
Briefly describe since when the defect exists, what consequences it has (e.g. no heating, mold), which steps you have already taken and which solution you seek (repair, rent reduction, protection from termination). Provide relevant amounts, dates and support your statements with copies where possible.
- Clearly state your goal: repair, rent reduction or protection from eviction.
- Indicate which contacts (property manager, landlord) you have already approached.
- Mention deadlines and landlord responses if available.
Forms and official steps
For court proceedings or financial support there are standardized applications and forms. Two important examples are the application for consultation assistance and the application for legal aid (PKH). Consultation assistance supports out-of-court advice; PKH helps with court costs if you cannot afford them. If you need to defend against termination or prevent eviction, it is important to observe the deadlines of the ZPO and, if necessary, approach the competent local court.[2][3]
- Termination letter: note date and delivery; keep copies as proof.
- Check whether you can apply for consultation assistance before your appointment at the advice center.
- In case of litigation: check legal aid and observe ZPO deadlines.[2]
If defects are not remedied
Set a reasonable deadline for remedying the defect and announce which steps you will take after the deadline (e.g. rent reduction, arranging repairs yourself and claiming reimbursement). It is important to set deadlines in writing and to prove delivery. The legal basis for landlords' duties is found in the provisions of the BGB.[1]
FAQ
- Which documents are indispensable for the initial consultation?
- Important are the rental agreement, handover report, service charge statements, payment receipts, photos of defects and correspondence with the landlord.
- When is rent reduction possible?
- When there are significant impairments to the habitability (e.g. no heating, mold), tenants can reduce rent if the landlord does not repair within a set deadline.
- What to do in case of termination or eviction threat?
- Secure all documents, seek immediate legal advice and check for legal aid; the local court (Amtsgericht) handles eviction cases.
How-To
- Collect all documents (rental agreement, photos, payment receipts).
- Book an appointment with a tenant association or advice center and send copies in advance.
- Set a written deadline for the landlord to remedy the defect and document proof of delivery.
- If necessary, apply for consultation assistance or legal aid and prepare documents for the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Justiz portal: courts and forms — justiz.de
