Fair Use of Communal Areas for Tenants in Germany

As a tenant in Germany, communal areas such as corridors, stairwells, bicycle cellars or green spaces are part of your daily living. Conflicts often arise from differing expectations regarding cleanliness, parking spaces or storage rules. This article explains in plain language the duties landlords and tenants have under tenancy law, how to document damage, which forms and deadlines are important, and when a conversation with the landlord or mediation helps. With practical examples you will learn how to resolve conflicts fairly, avoid unnecessary legal disputes and which authorities or local courts to contact if informal solutions are insufficient. At the end you will find sample forms, tips for documentation with photos and witnesses and links to local courts and relevant sections of the BGB (§§ 535–580a).^[1]

What counts as a communal area?

Communal areas are spaces used by multiple tenants. Typical examples:

• Corridors and stairwells
• Bicycle cellars and storage rooms
• Laundry rooms and waste areas
• Shared gardens and play areas

Rights and duties of tenants and landlords

Landlords must maintain communal areas and ensure safe use; tenants must follow agreed rules (for example house rules). Relevant legal bases are found in the BGB and in special rules such as the Operating Costs Regulation.^[1][2]

If defects occur, document date, time and type of damage with photos and witnesses. Send a written notice of defect to the landlord and set a reasonable deadline for remedy.

• Documentation: photos, date, witnesses
• Written notice of defect to the landlord (use a sample form)^[4]
• Observe deadlines and document deadlines
• If not remedied: consider mediation or contact the local court^[3]

Practical examples

Example 1: Dirty bicycle cellar

A tenant repeatedly finds oil stains from bike repairs. He photographs the spot, informs the property management in writing and requests cleaning within 14 days. If the management does not respond, a complaint to property management and, as a last resort, an application to the local court may follow.^[3]

Example 2: Unclear parking use in the courtyard

Several parties dispute parking spaces in the courtyard. Clear house rules or mutually agreed rules help; if absent, a protocol with photos and a written request to the landlord is recommended.

Example 3: Faulty exterior lighting

The lighting in the stairwell is defective and poses a safety risk. The tenant reports the defect in writing, sets a reasonable deadline and documents the landlord's lack of response if necessary as a basis for rent reduction under BGB rules.^[1]

FAQ

Who is responsible for cleaning and repairs in communal areas?

Generally the landlord, unless the lease or house rules specify otherwise. Small duties contractually agreed may be the tenant's responsibility.

Can I reduce the rent if communal areas are unusable?

Under certain conditions rent reduction is possible. Documentation and deadline setting are prerequisites; legal advice can help.

When is the local court (Amtsgericht) responsible?

The local court handles many tenancy disputes such as rent reduction, protection against termination or eviction actions.

How-To

1. Identify the problem and note the time
2. Collect evidence: photos, witnesses, logs
3. Send written notice of defect to the landlord and set a deadline
4. Wait for response and document deadlines
5. If not remedied, consider mediation or legal action at the local court

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Operating Costs Regulation (BetrKV) – Gesetze im Internet
• Information on courts and local courts – Justiz

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Jurisdiction and contact for local courts – Justiz
4. [4] Federal Ministry of Justice – samples and information