Mediation for Tenants in Shared Flats: Documents Germany
Which documents to collect?
Before mediation, you should systematically prepare all relevant documents. These records simplify talks with the other party and the mediator and strengthen your position.
- Rental agreement (current contract and any amendments).
- Handover protocol at move-in or move-out.
- Correspondence with the landlord: e‑mails, letters, SMS, chat records.
- Photos or videos of defects (record date and time).
- Receipts for rent payments, deposit receipts and service charge statements.
- Notes on appointments, witness statements and prior agreements.
Deadlines and formal steps
For mediation attempts, deadlines are usually shorter than in court proceedings but binding in the process: for example, the time to inspect documents or to respond to an invitation to mediate. If you examine legal claims, the deadlines and rules of tenancy law according to the German Civil Code (BGB) §§ 535–580a [1] and the procedural rules of the Code of Civil Procedure (ZPO) apply if the matter later goes to court [2]. Pay special attention to time-limited payment requests or eviction deadlines.
Forms and templates
There is no standard "mediation form", but the following official documents are relevant in practice: statement of claim or claim form at the local court (if mediation fails) and forms for dunning procedures; details and submission options can be found on your federal state justice portal [3]. For legal foundations and interpretations, courts often refer to decisions of the Federal Court of Justice (BGH) [4]. When drafting a letter to the landlord, state the facts clearly, the desired solution and a deadline for response.
- Template: text for invitation to mediation (short draft for e‑mail/letter).
- Evidence attachment: list of all photos, protocols and witnesses with dates.
- Deadline overview: date of defect report, deadline set and response deadline.
How mediation proceeds
A typical mediation includes preparation, an introductory meeting, at least one joint session with a neutral mediator and the written recording of an agreement if an accord is reached. The mediator facilitates but does not decide like a judge. If mediation fails, parties can pursue legal action and file a claim at the local court.
Conversation tips
- Stay factual: describe defects and consequences rather than making personal accusations.
- Name concrete solutions and a time frame.
- Record agreements in writing and have them signed by all parties.
FAQ
- What is mediation in tenancy disputes?
- Mediation is an out-of-court, voluntary process in which a neutral third party (mediator) helps tenants and landlords find a mutually acceptable solution.
- Which documents do I need for mediation?
- Important documents include the rental agreement, handover protocols, photos of defects, correspondence with the landlord, payment receipts and a list of possible witnesses.
- What happens if mediation fails?
- If mediation fails, you can still consider legal action and, if necessary, file a claim at the competent local court; observe the ZPO requirements.
How-To
- Collect all relevant documents and prepare a structured evidence list.
- Contact a mediation center or a certified mediator and arrange an initial meeting.
- Prepare for the meeting: brief case summary, desired solutions and copies of evidence to bring.
- If an agreement is reached, have it recorded in writing and signed by all parties.
