Tenant Rights for Shared Areas in Germany

As a tenant in Germany you will often face questions about shared areas: who cleans the stairwell, who pays for outdoor spaces, and what rules apply in your lease? This article explains your rights and duties in plain language, cites relevant sections of the BGB and gives practical steps for documentation, communication with the landlord and available online forms. You will learn when rent reduction or a complaint at the local court is appropriate, which deadlines matter and what evidence helps. I list official forms and responsible authorities as well as the key provisions (§§ 535–580a BGB, Operating Costs Ordinance) and give examples of how to photograph defects, set deadlines and follow up in writing before legal steps.

Rights and Duties

The landlord must keep the rental in a contractually agreed condition; central rules are found in the BGB ^[1]. Shared areas are often part of the rental property or governed by the declaration of division; check your lease and the statements on operating costs.

Before taking action clarify: what does the lease say, which costs are allocable and when is a rent reduction justified? For court resolution the local court (Amtsgericht) is competent; procedures follow the ZPO ^[2], and precedents are decided by the BGH ^[3].

Concrete Steps

• Documentation (document): Take photos with the date and a short description of the condition.
• Inform the landlord in writing (form): Send a defect notice by letter or email with the date.
• Set a deadline (deadline): Specify a reasonable deadline, e.g. 14 days, and state consequences.
• Consider rent reduction (rent): Only for substantial impairment and after documentation.
• Court action (court): File a claim at the local court if out-of-court resolution fails.

FAQ

Who pays for stairwell cleaning?

If agreed in the lease or in the service charge statement, tenants bear the costs; otherwise the landlord is responsible. Check the Operating Costs Ordinance and your lease. ^[1]

Can I reduce the rent because of dirty shared areas?

Yes, if usability is substantially impaired. First report defects in writing, set a deadline and possibly calculate a proportional rent reduction. ^[1]

What if access to cellar or garden is denied?

Check key regulations in the lease; if access is wrongly denied you may take legal action and consider filing a claim at the local court. ^[2]

How-To

1. Document the defect (document): Take dated photos and notes of location.
2. Send written defect notice (form): Name recipient, describe defect and request remedy within a deadline.
3. Set a deadline (deadline): Clearly state what must be fixed by when.
4. Assess rent reduction (rent): Justify percentage and apply only after advice.
5. Prepare for court (court): Collect evidence and consider filing in the local court under ZPO.

Help and Support

• BGB – Civil Code (Gesetze im Internet)
• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Federal Court of Justice (BGH) – Official Site

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1. [1] BGB – Bürgerliches Gesetzbuch (Gesetze im Internet)
2. [2] ZPO – Zivilprozessordnung (Gesetze im Internet)
3. [3] Bundesgerichtshof – Official Website