Children's Rights in Tenancy: Rules for Tenants in Germany

Many families in Germany wonder what rights children have in their living environment and how tenants can protect their interests vis-e0-vis landlords, neighbors or authorities. This text explains in practical terms what tenancy law and childrens rights mean, which duties landlords have (for example ensuring sufficient living conditions) and how parents can act in cases of noise, hazards or restricted access. You will find concrete action steps, advice on deadlines and documentation as well as pointers to official forms and courts, including the local court (Amtsgericht) as the first instance in disputes.^[1]

Children's rights in everyday tenancy

Everyday issues often concern safety, play space in the courtyard, visitation by friends, quiet hours and whether structural changes can make housing safer for children. Tenants should know: many claims are derived from the German Civil Code (BGB), in particular the landlords duties to maintain the rental property and ensure heating.^[1]

Typical problems and first steps

• Set a deadline: report defects in writing and name a deadline (deadline) for repair.
• Consider rent reduction (rent) if heating, water or safety are affected.
• Termination and written form: observe termination deadlines and formal requirements carefully.
• Documentation: collect photos (photo), correspondence (document) and witness names as evidence.
• Contact: contact tenant protection or advisory services early in case of conflict.

How to react to dangerous conditions

Hazards such as defective windows, mold causing health risks or unsafe stairs must be reported immediately and urgent repairs demanded if necessary. Set a reasonable deadline and document everything. If the landlord does not act, you may arrange repairs yourself in urgent cases or consider a rent reduction.^[1]

FAQ

When can I reduce the rent as a tenant if the apartment is unreasonable for my child?

For significant impairments to living quality (e.g., heating failure, mold) you can reduce the rent. The amount depends on the severity and duration; document damage and deadlines in writing.

Does the landlord have to allow playground equipment in the yard?

It depends on the lease and the house rules. In principle, reasonable play activities must be tolerated as long as they do not cause unreasonable disturbance; specific rules may be in the house rules.

Who do I contact in an eviction lawsuit?

Eviction suits are heard at the local Amtsgericht; seek legal advice immediately and respond to notifications within deadlines.^[2]

How-To

1. Step 1: Report the defect in writing and set a deadline (deadline).
2. Step 2: Secure evidence with photos (photo) and witness names.
3. Step 3: If the landlord does not act, consider rent reduction (rent) or self-help measures.
4. Step 4: Consider court action at the Amtsgericht and observe the ZPO deadlines.^[2]

Important templates and forms

• Termination letter (template) from the Federal Ministry of Justice: use the template for ordinary or extraordinary terminations.
• Written defect notification: state date, defect description and deadline; send by registered mail or email with read receipt.
• Eviction complaint/statement: the competent local court (Amtsgericht) handles procedures; have documents reviewed and prove health damages or hazards.

Help and Support

• Brgerliches Gesetzbuch (BGB) 535580a on gesetze-im-internet.de
• Zivilprozessordnung (ZPO) on gesetze-im-internet.de
• Federal Court of Justice (BGH) - bundesgerichtshof.de

1. [1] Brgerliches Gesetzbuch (BGB) 535580a, gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO), gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH), bundesgerichtshof.de