Tenant Checklist Before Signing: WG Tips Germany
As a tenant in Germany you often face the moment of signing the lease and agreeing clear rules for the flatshare. This guide helps you check myths, structure shared kitchens and spot common contract pitfalls without a lawyer. You will learn which lease clauses are fair, how service charges and deposit rules should be documented correctly and which deadlines apply for repairs or terminations. With practical examples, checklists and pointers to official forms you can approach signing prepared, avoid disputes and assert your rights as a tenant confidently.
What tenants should check before signing
Before you sign, check the main provisions in the lease and compare them with the provisions of the Civil Code (BGB) (§§ 535–580a).[1] Pay special attention to wording on rent, service charges, deposit and maintenance obligations.
- Clear indication of base rent, service charges and payment terms.
- Deposit amount, how it is held and repayment arrangements.
- Repair rules: who reports damage and which deadlines apply?
- House rules and responsibilities for shared areas like the shared kitchen.
- Handover protocol, meter readings and photographic evidence to be agreed.
- Notice periods and guidance when a local court (Amtsgericht) may be competent.
Flatshare: Regulating the shared kitchen transparently
Clear rules for the shared kitchen prevent conflicts. Agree responsibilities for cleaning, buying shared supplies and appliance use in writing in the flatshare agreement.
- Agree a cleaning rota with fixed responsibilities and intervals.
- Share costs for cleaning supplies or large appliances transparently.
- Record rules for storage, expiry dates and labeling of food.
Forms, templates and official steps
For terminations, rent reductions or formal defect notices there are official guidelines and templates. The Code of Civil Procedure regulates procedural questions for court steps.[2] Use official templates for termination letters or handover protocols, e.g. guidance from federal ministries.[4]
- Termination letter: document form, deadlines and delivery.
- Handover protocol: record meter readings and defects with photos.
- Observe deadlines: respond to defect notices and payments within the given time.
If a dispute arises: Local court, BGH and procedural notes
For serious disputes tenancy cases can be heard at the local court (Amtsgericht); higher courts or the Federal Court of Justice decide legal questions.[3] The Code of Civil Procedure (ZPO) sets out the process and deadlines for claims.[2]
- Collect evidence: protocols, photos, correspondence and name witnesses.
- Keep written correspondence organized and note deadlines.
- Observe court dates and deadlines and respond on time.
FAQ
- Can I reduce rent if the shared kitchen is unusable?
- Yes, under certain conditions a rent reduction is possible if the use is restricted; document defects and deadlines.
- Who pays for damages in the flatshare?
- Generally the persons responsible are liable; if in doubt tenants and landlord should agree responsibility contractually.
- What is the role of the handover protocol?
- It serves as evidence of condition and meter readings at move-in and move-out and protects against later claims.
How-To
- Check the lease: read rent, service charges, deposit and term carefully and make notes.
- Document the handover: write a protocol and take photos.
- Use official template forms for termination or defect notices and keep copies.[4]
- Seek advice if unclear, consider court steps and respect deadlines.
Help and Support
- Civil Code (BGB) - Gesetze im Internet
- Code of Civil Procedure (ZPO) - Gesetze im Internet
- Federal Court of Justice (BGH)
- Federal Ministry of Justice and Consumer Protection (BMJ)