Tenant Guide: First Consultation for Shared Flats Germany
As a tenant in a shared flat in Germany, good preparation for the initial consultation is essential. This guide helps flatmates which documents, photos and forms they should collect, which deadlines apply and which local courts are responsible. It explains in clear language how to document defects, prove rent payments and formulate questions for the advice center. This way you use the consultation effectively, avoid form errors and know when legal steps or a rent reduction under the BGB become relevant. We also list official forms and show how to organise evidence, meet deadlines and prepare the next appointment with the tenants' association or a lawyer.
Preparation for the initial consultation
Which information advances your consultation? Note the facts briefly, who is affected (name of main tenants), since when the defect exists and which steps you have already taken. Refer to the legal basis in the BGB §§ 535–580a.[1]
- Rental contract and subletting agreements as PDF or copy
- Photos of damage, mould or defects with date
- Handover protocol and prior defect reports
- Receipts for rent payments, deposit receipts and utility bills
- Email and chat history with the landlord
Which forms and deadlines apply?
Many matters have standard letters or forms. Deadlines for defect notices or objections are often determined by procedural rules; the ZPO regulates formal procedures and deadlines for lawsuits.[2] If it concerns eviction or termination, the local court (Amtsgericht) is often responsible.[3]
- Form: Sample termination letter (if you intend to terminate)
- Form: Written defect notice to the landlord with deadline
- Form: Filing a civil claim at the competent local court
Court proceedings and deadlines
If disputes cannot be resolved amicably, the path to the local court may follow; rental disputes are often heard there in the first instance.[3] The ZPO determines how claims must be filed and which deadlines apply (service, filing deadlines, hearings).[2]
- Observe deadlines: claims and objections have fixed time limits
- Local court: check jurisdiction for housing matters
- Provide organised evidence (photos, witnesses, proof of payments)
- Contact the tenants' association or legal advice early
FAQ
- What should I bring to the first consultation?
- All relevant documents: rental contract, photos, payment receipts, correspondence and handover protocol. This allows the advice center to assess your case more quickly.
- Can I reduce the rent because of mould?
- Yes, if a defect exists that impairs habitability and you have previously informed the landlord in writing; the legal basis is in the BGB.[1]
- What if the landlord does not respond?
- Document everything and check with an advisor whether a lawsuit or further legal steps are necessary; civil claims follow ZPO rules.[2]
How-To
- Collect all receipts and photos, date them and create a brief chronology.
- Contact a tenants' association or advice center in good time and send the main documents in advance.
- Draft a written defect notice with a deadline to the landlord and send it in a provable way.
- If necessary, have a claim assessed and file the claim form at the local court.
- Prepare for the court date: name witnesses, have documents ready and observe deadlines.
