Fair Shared Areas for Tenants in Germany
As a tenant in Germany, you often face practical questions: who sweeps the stairwell, who stores items there, and how is noise in the courtyard regulated? This text explains in plain language your rights and duties regarding shared areas, names the legal bases, and shows concrete steps with practical examples. You will receive guidance on which forms and deadlines are important, how to report defects in writing and when a court can be involved. The goal is to avoid disputes or resolve them more effectively so that everyday cohabitation in the building remains factual and fair.
Who is responsible for shared areas?
As a rule, tenancy law regulates the duties of landlord and tenant; the landlord ensures proper use and maintenance of shared areas, the tenant must fulfil agreed duties and report damages[1]. Many points are detailed in the lease or in house rules; responsibilities for cleaning or use can be clearly defined there.
Typical tenant duties
- Report repairs and inform about minor damages promptly.
- Comply with house rules, e.g. quiet hours and bicycles in the hallway.
- Document damages: photos, date and time.
Practical examples: conflicts and solutions
Example 1: Bicycles block the hallway. Step 1: politely point it out with a note or message. Step 2: if there is no response, inform the landlord and set a deadline. Example 2: dirt in the courtyard from pets: take photos, note witnesses, and complain in writing.
If the landlord does not respond, a formal defect notice with a deadline helps; state the defect clearly, demand remediation within a reasonable period and, if necessary, announce a rent reduction. For legal basis and deadlines see the relevant laws[1] and procedural rules[2].
Forms and templates
Important documents for tenants:
- Defect notice (written) — name the defect, date and demand remediation; you can use a municipal sample form as an example[4].
- Termination letter template — only send with complete data and proof of receipt; observe notice periods and form requirements.
- Evidence: collect photos, witness statements and logs.
If mediation and talks are not enough
If an out-of-court solution is impossible, the local court may have jurisdiction; rental matters are often handled by the Amtsgericht, higher appeals by the Landgericht and ultimately the BGH[3]. Before filing a lawsuit, a final deadline and documentation of all steps is recommended.
Frequently Asked Questions
- Who is liable for damage to shared areas?
- As a rule, the person responsible; if that person cannot be identified, the landlord will examine liability and may claim operating costs or compensation. Rights arise from §§ 535–580a BGB and contractual agreements.[1]
- Can the landlord prohibit personal items in the hallway?
- Yes, house rules may prohibit storing items for fire safety and passage reasons; exceptions may be agreed in individual cases.
- What deadlines apply to defect notices?
- A reasonable period for remediation depends on the defect; immediate action is required for acute hazards, otherwise periods of 14–30 days are common depending on urgency.
How-To
- Document the defect immediately with photos and the date.
- Write a formal defect notice to the landlord and set a deadline.
- Wait for the set deadline and collect responses and evidence.
- Try mediation or use municipal conciliation services.
- If unsuccessful, the local court can be involved; check procedural rules and evidence.[2]
Key Takeaways
- Clarify responsibilities in writing in the lease or house rules.
- Documentation and deadlines are crucial for successful claims.
