Tenant Guide: BGH Cases for Shared Flats in Germany
As a tenant in a shared flat in Germany, you often face specific questions: Who is liable for damages, how do you respond to a rent increase or an eviction, and when must repairs be requested? This practical guide translates important BGH rulings into concrete steps for shared flats, explains your rights under the BGB, shows deadlines and rules of evidence, and indicates when tenant associations and advisory centers can help. The aim is to give you clear, actionable strategies so you can better assess conflicts with the landlord and act in a court-proof manner if necessary. The examples are practical, list forms and deadlines, and show simple steps that shared flats can implement immediately. Concrete templates and guidance on local courts and appeals help in case of escalation.
Rights and Duties in Shared Flats
In a shared flat the same basic rules apply as for individual tenants: the landlord must maintain the rental property in a usable condition, the tenant must pay the agreed rent and report damage without delay. Essential duties and rights can be found in the BGB, especially regarding maintenance, rent reduction and protection against termination [1].
Practical Cases: BGH Decisions Explained
The BGH has repeatedly clarified how burden of proof, deadlines and formal requirements must be handled for rent increases, terminations and defects. For shared flats this means: clarify internally who is the contact person for the landlord, document defects and deadlines, and respond in writing to terminations or rent increases [2].
- Check rent increase notices in writing and request the calculation.
- Document defects with photos, dates and names of affected flatmates.
- Respond to terminations within the stated deadline and consider legal measures.
FAQ
- Can the landlord enforce the rent increase immediately?
- No. The landlord must meet the formal requirements and provide justification; as a tenant you can object within the deadline and request additional evidence.
- What to do if the heating fails in the shared flat?
- Report defects immediately in writing, set a repair deadline and keep records. If there is no improvement, consider rent reduction.
- Who is sued with an eviction claim if multiple tenants are on the contract?
- Usually the party named in the lease is sued or can be terminated; with multiple contracting parties the court decides based on the concrete circumstances and liability shares.
How-To
- Report defects in writing: describe the defect, attach photos and set a clear deadline.
- Check rent reduction: calculate the percentage reduction and document the impairment of use.
- Respond to eviction or lawsuit in time: observe deadlines, prepare objections and contact advisory centers.
Help and Support / Resources
- Gesetze-im-Internet: BGB §§ 535 ff.
- Bundesgerichtshof: Decisions
- Justizportal: Information on local courts
