Homeoffice Clauses Check: Tenant Rights in Germany

Many tenants in Germany now regularly work from home. Before renewing a lease or when a shared flat admits a new subtenant, tenants should carefully check what rules about home office use are in the contract and what effects this has on rent, utility costs and flatmates. This guide explains simply which clauses are problematic, which wordings you should change or add, and how to practically enforce your rights as a tenant, especially in a shared flat. The advice is practical and shows concrete steps, forms and court participants so you can avoid costly mistakes when extending a contract.

Home office in the lease: What tenants should check

Read the lease wording carefully: does it mention home office, permitted use for professional purposes or blanket bans? Pay attention to restrictions on visitor numbers, noise and commercial activity. Many clauses are vaguely worded and must be interpreted in favor of tenants if in doubt. In shared flats: are all flatmates informed and consenting, or does this constitute a usage change requiring permission?

Checklist: Concrete points in the contract

• Which formulations about "professional" or "commercial use" appear in the contract?
• Are visitor or usage times restricted in a way that would make home office difficult?
• Does the contract regulate utility billing or additional fees for increased consumption?
• Is there a clause on subletting or on home office use in shared flats?

Forms, deadlines and authorities

If you want changes to the lease, a written agreement with the landlord and all affected flatmates is sensible. For terminations, correspondence or official questions, the rules in the BGB are decisive^[1]. In disputes, the local court (Amtsgericht) is often competent for tenancy matters; most eviction or termination disputes are processed there^[2]. Use clear deadlines in formal letters and request acknowledgements of receipt.

What to do in disputes in a shared flat

Coordination is especially important in shared flats: discuss home office plans openly, regulate quiet hours and workspace usage, and set written agreements on handling visitors and costs. If a flatmate installs a permanent workplace, this can be a change in usage that requires the landlord's consent.

FAQ

1. Does home office have to be explicitly allowed in the lease?

No, occasional home office is usually covered by general usage rights; an explicit ban must be clearly worded, otherwise it is often ineffective.

2. Can the landlord completely ban home office?

A blanket ban on professional use is hard to enforce, especially if there is no commercial activity involving customer traffic.

3. What should shared-flat members pay attention to?

All flatmates should consent and make written agreements on use, noise and costs; changes in use should be reported to the landlord.

How-To

1. Read the current lease in full and mark all relevant clauses on use, subletting and utility costs.
2. Have a clarifying conversation with the landlord and flatmates; record results in writing.
3. Draft a written addendum for lease renewal or subletting and have it signed by all parties.
4. If no agreement is possible, consider legal steps and collect evidence (emails, photos, witnesses) for possible proceedings at the local court.

Help and Support / Resources

• Gesetze im Internet – Full text of the BGB including tenancy law §§ 535–580a.
• Federal Office of Justice – Information on courts and jurisdiction.
• Federal Court of Justice (BGH) – Case law on the interpretation of lease clauses.

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 – Duties of the landlord
2. [2] Information on the court system and local court competencies
3. [3] Federal Court of Justice – Selected tenancy law decisions