Tenant Checklist: Common Areas in Germany
Many tenants face the question of how to assess and fairly use common areas in apartment buildings. This checklist helps you as a tenant in Germany to systematically assess damage, safety risks and cleaning issues, to recognise landlord and community duties, and to take clear steps in disputes. The guide explains which evidence is important, how to report defects and meet deadlines, and when court action or the local court may become relevant. Practical examples and pointers to official legal texts help you assert your rights factually without unnecessary escalation. At the end you will find a short how-to for filing complaints and links to official bodies.
What to check
- Safety: check broken lights, trip hazards and exposed wiring (safety).
- Repair needs: document stairs, railings and elevator doors (repair).
- Heating/Hot water: record outages and unusual temperature fluctuations (heating).
- Access & privacy: note unreported keys, open doors or unauthorized entries (entry).
- Operating costs & fees: check bills and question unexplained items (payment).
- Deadlines: report defects in writing and meet set deadlines (deadline).
- Collect evidence: photos with dates, witness statements and written notes (evidence).
- Communication: contact landlord, management and neighbors and document conversations (contact).
Detailed documentation increases the enforceability of your claims.
How to report defects
First check whether there is a responsible property manager or appointed contact and report defects in writing by email or registered mail. State the type of defect, location, date and a deadline for remediation. Refer if necessary to the legal basis in BGB §535[1] and to procedural matters in the ZPO[2]. If the landlord does not respond, mediation can help; for legal action the local court or, for higher instances, the Federal Court of Justice[3] is responsible.
Respond to the landlord's replies within deadlines to avoid losing rights.
How-To
- Document: take photos, note dates and circumstances and collect evidence.
- Written defect notice: send an informal letter with a deadline to the landlord or management.
- Seek contact: attempt reasonable talks and possible mediation with neighbors or management.
- Legal steps: if necessary file a claim at the local court or use conciliation procedures.
- Follow-up: check the work after remediation and request corrections if necessary.
FAQ
- Who pays for repairs to common areas?
- The owner generally bears the costs; they are often passed on proportionally to tenants via operating cost statements. Check the operating cost clause in your lease.
- What if the landlord does not respond?
- Report the defect in writing with a deadline, document everything and, if necessary, contact a conciliation body or the local court.
- When is an eviction claim possible?
- An eviction claim is only possible with a justified reason for termination or outstanding payment; check the requirements in the BGB and ZPO.
Help and Support
- BGB §535: Landlord obligations
- ZPO: Civil procedure rules
- Federal Court of Justice (BGH): case law and decisions
