Tenant Rights in Germany: Children at Home
Many tenants face the question of how children at home can be regulated fairly without burdening neighbours or violating rights. This guide explains in clear, accessible English which tenancy law basics apply in Germany, which practical rules make sense and how real-life examples help avoid conflicts. We cover typical situations such as noise, use of shared spaces, door behaviour and balcony rules as well as rights and duties of landlord and tenant. At the end you will find notes on official forms, deadlines and courts so you can make decisions confidently or enforce your rights. The tips are practical and aimed at tenant households with children as well as landlords seeking clear, legally sound rules. We also explain when formal steps like a rent reduction or involving the local court become necessary.
Rights and Duties of Tenants and Landlords
In principle, the provisions of the German Civil Code (BGB) regulate the mutual duties of landlords and tenants and contain central rules on maintenance, use and termination.[1] Landlords must keep the dwelling habitable; tenants must use it in accordance with the contract and avoid disturbances in the building.
Practical rules for everyday life
- Observe quiet hours: avoid children's noise in the evening and respect deadlines (deadline) for complaints.
- Respect shared areas: children should not permanently block corridors or stairs when playing (entry, inspect).
- Collect evidence: note date, time, take photos and witness statements if problems persist (record, document).
- Use forms: document written complaints or template letters and keep proof of submission (form, submit).
- Seek contact: first speak with the landlord or property manager, then request mediation if needed (call, contact).
What to do about persistent disturbances?
If conversations do not help, tenants can take formal action. Steps range from a formal warning to rent reduction or, in extreme cases, a lawsuit at the local court.[2] Observing deadlines and following proper procedure is important to avoid dismissal of the claim.
Practical examples
- Neighbour complains about evening noise: start with a conversation, then a written warning, then consider rent reduction.
- Apartment with children: agree fixed quiet hours and document repeated violations (deadline).
- Courtyard playground: put rules in writing and clarify responsibilities (document).
FAQ
- Which laws apply to tenants and children at home?
- Primarily the BGB regulates the duties and rights of landlords and tenants; procedural law is governed by the ZPO. Specific issues like rent reduction or termination are covered in the BGB in §§ 535–580a.[1]
- Can I reduce rent if children's noise is disturbing?
- A rent reduction is possible if the habitability is permanently impaired. Documentation and deadlines are decisive; a prior warning is often useful.
- Which court is responsible for tenancy disputes?
- The first instance is usually the local court (Amtsgericht); higher appeals go to the regional court (Landgericht) and ultimately the Federal Court of Justice (BGH).[3]
How-To
- Document: record date, time, type of disturbance and, if possible, photos or witnesses.
- Inform in writing: send a formal complaint to the landlord or property manager and request remedy.
- Observe deadlines: set reasonable deadlines and assert them in writing.
- Court steps: if necessary, discuss further action with the local court or legal advice.
