Tenant Rights in Germany: BGH Rulings for WGs
As a tenant in Germany you often face questions about rent reduction, protection against termination or necessary repairs — especially in shared flats (WGs), where several people are affected. This article explains in practical terms which BGH rulings are relevant for shared-flat residents, which legal bases in the BGB apply and when the local court intervenes. I show understandable steps: how to report defects, which forms the Federal Ministry of Justice provides, how to meet deadlines and which evidence is important. The goal is that you can decide more confidently whether and when a rent reduction, a lawsuit or a formal complaint is appropriate. We also explain how to request a security deposit refund and what to watch for in the heating cost statement, and where tenant associations in Germany can help.
Which BGH rulings affect shared flats?
The Federal Court of Justice often decides on issues that directly affect shared-flat tenants, for example the use of common rooms, subletting or the balancing of rights in the case of housing defects. Many of these questions build on the rules of the BGB and are specified by the courts.[1] When a case reaches the BGH, it often indicates that terms such as "use transfer" or "rent reduction" have been newly interpreted.[2]
Practical steps for defects
- Describe defects and collect evidence such as photos and logs (evidence).
- Notify the landlord in writing and request a deadline for remedy (notice).
- Set a reasonable deadline (within 14 days) and document responses.
- If necessary, arrange required repairs and obtain cost estimates (repair).
- Consider a rent reduction for serious impairments; calculate percentages transparently.
Termination, eviction and court
In the event of termination, the local court examines the legality of the termination and decides on eviction lawsuits; decisions can be appealed up to the BGH in several instances. Civil procedure rules and deadlines apply, regulated in the BGB and the ZPO. Use official forms from the Federal Ministry of Justice for formal letters and submit complete documentation.[3]
FAQ
- Can I as a shared-flat member reduce the rent?
- Yes, if a defect limits usability. Report the defect in writing and document scope and duration; the amount of reduction depends on the degree of impairment and BGH case law.[1]
- Does every roommate have to agree to a termination?
- That depends on the lease: With a joint lease all tenants are liable and the termination affects the whole WG. With individual leases the termination applies only to the respective contract.
- Where do I file an eviction lawsuit?
- Eviction lawsuits are usually filed with the competent local court; observe the formal requirements and deadlines from the ZPO.
How-To
- Document: Take photos, note dates and names of all affected persons and collect witness statements (evidence).
- Written notice: Send the landlord a defect notice with a deadline and copy all WG members (notice).
- Organize repairs: Obtain cost estimates and coordinate repairs; document costs and appointments (repair).
- Court steps: If no agreement is possible, consider filing a claim at the local court or seeking legal advice (court).
