Tenants in Germany: Serviced Apartment House Rules

As a tenant in Germany, you may be subject to special house rules in a serviced apartment. These rules cover use of shared spaces, cleaning, quiet hours, visitors and safety requirements. Importantly: house rules must not contradict statutory tenancy rights, for example by undermining rent reductions or imposing unlawful minor repair clauses. If something is unclear, document incidents, send written inquiries to the landlord and, if necessary, seek legal review. This article explains the duties of landlords and tenants, applicable deadlines and how to use template forms and official authorities to resolve disputes or enforce claims. The guidance is practical and refers to German tenancy law. Specifically.

What does a house rule mean in a serviced apartment?

A house rule governs internal procedures in the building: cleaning intervals, use of communal rooms, quiet hours and safety provisions. It complements the rental contract but must not conflict with mandatory provisions of the German Civil Code, notably the basic obligations in §§ 535–580a BGB.^[1]

Rights and obligations

Both landlord and tenant have duties: the landlord must maintain the apartment in contractual condition; the tenant must observe the house rules insofar as they are legally permissible. Typical areas include:

• Communal areas: rules on cleanliness and use of lounge, kitchen or laundry room.
• Quiet hours: set times for night-time quiet and possible event restrictions.
• Payments and billing: notes on utility costs, advance payments and billing deadlines.

When the house rule conflicts with tenancy law

If a house rule limits your rights, you should object in writing and give the landlord a deadline to amend it. In serious breaches (e.g. unlawful cost allocations) rent reduction or extraordinary termination under § 543 BGB may apply; in severe cases court proceedings are possible and governed by the ZPO.^[1][2]

FAQ

Is a house rule binding for tenants?

Yes, if it is part of the rental agreement or agreed by posting; however, it must not contradict statutory tenancy rights.

May the landlord enter my apartment without notice?

Generally, landlords need a legitimate reason and should announce when they will enter; unreasonable entry rights are not permitted.

Where do I file a lawsuit in a serious dispute?

Most tenancy disputes are filed at the competent local court (Amtsgericht); higher instances are the regional court and the Federal Court of Justice for appeals.^[3]

How-To

1. Document the issue in writing and collect evidence such as photos, messages and payment receipts.
2. Send a formal defect notice or objection to the landlord and request a deadline for remedy.
3. If no agreement is reached, consider legal action and obtain initial advice if needed.
4. If necessary, file a claim at the local court; use the claim form and refer to the relevant BGB sections.
5. Keep all documents and log appointments and conversations.

Help and Support

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet – Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Informationen und Entscheidungen