Tenants in Germany: Protect Shared Areas

Many tenants in Germany face disputes over shared areas such as corridors, gardens, or bicycle storage. This article explains what rights you have as a tenant, how to document conflicts, and which template letters help enforce your requests with the property manager or landlord. We show step by step how to meet deadlines, collect evidence, and when a trip to the local court may be appropriate. Official forms and relevant sections of the BGB are named, as well as practical examples for letters to neighbors or the landlord. The goal is to give you clear tools so you can resolve disputes factually and protect your living conditions. We also list contacts to authorities and useful question templates.

Rights and Key Laws

As a tenant you have basic rights to use shared areas that arise from the rental agreement and the German Civil Code (BGB). Questions about landlord duties, defect remediation, or rent reduction are regulated in §§ 535 ff. BGB.^[1] For court actions, the rules of the Code of Civil Procedure (ZPO) and the jurisdiction of local courts for many tenancy disputes apply.^[2]

Practical Template Letters

Ready-made template letters help present claims clearly and with proof. Common templates include:

• Defect notification to the landlord with a deadline.
• Request to a neighbor to stop disruptive behavior in shared areas.
• Letter to agree on access times or storage rules for the bicycle cellar.

Templates should include date, address, a concrete description of the problem, requested remedy and a clear deadline. Mention specific appointments and document replies in writing.

Documentation: How to Collect Evidence

Good documentation increases your chances of reaching a solution. Important evidence includes photos, dated videos, witness statements and a continuous timeline of events.

• Take photos and keep original copies of communications.
• Keep a short log with date, time and people involved.

When to Go to the Local Court

If out-of-court letters have no effect, bringing a claim at the competent local court may be appropriate. Small claims and eviction actions often start there; higher instances may involve appeals and the Federal Court of Justice.^[3]

How-To

1. Document the defect immediately with photos, date and brief notes.
2. Send a template letter to the landlord with a clear deadline for remedy.
3. Set a reasonable deadline (e.g. 14 days) and state possible next steps.
4. If there is no response, consider filing a claim at the competent local court or seek legal advice.

FAQ

Who is responsible for cleaning the corridor?

Responsibility depends on the rental agreement and any house rules; often the landlord is responsible but may pass costs via operating costs.

Can I exclude others from using a shared garden?

Full exclusion is only possible in exceptional cases; usually an agreement or house rules govern usage.

What if neighbors permanently store items in corridors?

Send a removal request, document the items and inform the property manager in writing if necessary.

Key Takeaways

• Documentation is essential for enforcing claims.
• Clear template letters with deadlines increase chances of out-of-court solutions.
• If there is no response, the local court may be involved.

Help and Support

• Gesetze im Internet (BGB, ZPO)
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH)

1. [1] BGB §535 – Gesetze im Internet
2. [2] ZPO – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH)