Tenant Rights in Germany: Student Dorm FAQ
Many students live in dorms and face questions about house rules, rent payments, repairs and terminations. This guide explains in practical terms which rights and duties tenants in Germany have, how to report defects, which deadlines apply and when a rent reduction is possible. I show which official forms and proofs are important, how to prepare a complaint at the local court and when legal help is advisable. The language is simple, with concrete action steps for everyday situations in the student dorm. This gives tenants quick orientation and helps them react safely and lawfully.
House Rules and Tenancy Law
The house rules complement the tenancy agreement but must not contradict statutory provisions. Relevant duties of the landlord and tenants' rights are regulated in the German Civil Code (BGB).[1] If in doubt, check your tenancy agreement and the written house rules first; many conflicts can be avoided this way.
Keep the tenancy agreement, house rules and all messages in writing.
Typical Rules in a Student Dorm
- Respect quiet hours (time) — avoid noise at night and during set times.
- Respect privacy (entry) — lock your room and manage keys responsibly.
- Follow waste and cleaning rules (notice) — use and maintain common areas responsibly.
- Observe safety rules (safety) — comply with fire safety and house regulations.
Defects, Repairs and Rent Reduction
If defects occur (e.g. heating failure, mold, burst pipes), tenants must report them in writing to the property manager or landlord and set a reasonable deadline for repair. The BGB governs duties and rights for defects; documentation is crucial.[1]
Document defects immediately with date, photos and witness details.
Practical steps for reporting a defect:
- Send a written defect notice (notice) — by email or registered mail, including a deadline.
- Collect photos and logs (evidence) — include dates and descriptions.
- Wait the deadline and consider rent reduction if not fixed (repair).
FAQ
- Can the house rules take away more rights than the tenancy agreement?
- No. House rules may not reduce statutory minimum protection; in case of conflict the law takes precedence.[1]
- When can I reduce the rent?
- A rent reduction is possible when living quality is significantly impaired by a defect. Report the defect in writing and set a deadline; keep evidence.
- Who do I contact for termination disputes or eviction actions?
- Civil disputes are handled by the local court (Amtsgericht); claims follow the rules of the Code of Civil Procedure (ZPO). For higher legal questions the regional court or the Federal Court of Justice (BGH) may decide.[2][3]
How-To
- Step 1: Report the defect in writing (notice) — include description, date, and photos.
- Step 2: Set a deadline (time) — name a reasonable deadline, e.g. 14 days.
- Step 3: Collect evidence (evidence) — photos, witnesses, receipts for costs.
- Step 4: Consider court action (court) — if the issue persists, consider filing a claim at the local court.[2]
Help and Support / Resources
- German Civil Code (BGB) online (read rights and duties).
- Code of Civil Procedure (ZPO) online (process for claims and jurisdiction).
- Federal Court of Justice (BGH) (key decisions and precedents).
