Communal Areas: Tenant Rights in Germany

What regulates tenancy law?

Communal areas such as stairwells, bicycle cellars or gardens are part of the tenancy and are governed by obligations under tenancy law. Important legal bases are found in the Civil Code (BGB)^[1], and procedural rules of the Civil Procedure Code (ZPO) apply to court actions. In everyday life the tenancy agreement and the house rules often decide who takes which tasks.

Practical steps for tenants

If conflicts arise about use, cleaning or damage, clear documentation and graduated communication help. Always start with a factual notification to the landlord and set deadlines and evidence.

• Photograph damage and collect evidence.
• Notify the landlord in writing (defect notice) and set a deadline.
• Name a concrete deadline (e.g. 14 days) before further steps.
• In case of acute danger: take immediate measures, hire a tradesperson and document costs.
• If disturbance continues, consider rent reduction or remedial action.

Forms, evidence and deadlines

There is no uniform nationwide "rent reduction form"; many steps are done in writing by defect notice or as a claim at the competent local court^[3]. The ZPO is decisive for court actions^[2]. Practical forms can be found at the competent court; often there are form sheets for claims or applications that vary by state.

When is the local court competent?

For disputes about rent reduction, eviction or damages, the local court usually decides in the first instance. Eviction claims and payment claims are also heard there. Before suing, a final written deadline to the landlord and collecting all evidence is advisable.

Concrete approach to common problems

Soiling or illegal parking

Document, speak to the neighbor, inform the landlord, and involve the property management if necessary.

Defects, mold or faulty heating

Send written defect notice with deadline, photos, temperature logs (for heating) and possibly an expert report; rent reduction only after legal review.

FAQ

Who is responsible for cleaning the stairwell?

This is usually regulated by the tenancy agreement or house rules; if nothing is agreed there may be an operating costs arrangement or the landlord commissions a company.

When can I reduce the rent?

For significant defects that impair usability. You should first report the defect and set a deadline for the landlord to remedy it.

How much does a procedure at the local court cost?

Costs depend on the amount in dispute; there may be court costs and possibly attorney fees.

How-To

1. Step 1: Fully document damage and disturbances (photos, date, witnesses).
2. Step 2: Send written defect notice to the landlord and set a clear deadline.
3. Step 3: Wait for the deadline; if there is no response plan next measures (rent reduction, remedial action).
4. Step 4: If dispute continues, consider filing a claim at the local court.

Help and Support

• [1] Civil Code (BGB) – §535 ff. on Gesetze-im-Internet.de
• [2] Civil Procedure Code (ZPO) – Full text on Gesetze-im-Internet.de
• [3] Local courts and competence – Justice Portal of the Federal Government and the Länder

1. [1] Civil Code (BGB) – §535 ff. on Gesetze-im-Internet.de
2. [2] Civil Procedure Code (ZPO) – Full text on Gesetze-im-Internet.de
3. [3] Local courts and competence – Justice Portal of the Federal Government and the Länder