Prepare First Consultation: WG Tenants in Germany

Many tenants in shared flat situations are unsure which documents are important for a first consultation. In Germany, good preparation helps to discuss legal steps, rent reduction or repair claims in a focused way. This guide explains which documents WG members should collect, how to document damages and communication, and which sample letters are helpful for defects, rent reduction or formal terminations. You will also learn which deadlines to observe, when the local court is competent and which formal notes are important for a successful first consultation. At the end you will find a step-by-step guide, frequently asked questions and official links to the relevant laws and forms. The tips are practical, legally based and tailored to the needs of WG tenants in Germany.

Preparation for the first consultation

Before speaking with an advisory service or a lawyer, WG members should have collected and sorted the most important documents. Arrange documents chronologically and note key dates such as when defects began or agreed repair appointments.

• Tenancy agreement including amendments and subtenancy contracts.
• Correspondence with the landlord or property manager (emails, letters).
• Photos and videos of defects with dates.
• Receipts for rent payments, deposit and bank statements.
• Move-in or move-out handover protocols.
• Operating cost statements and heating cost statements.

Sample letters and deadlines

For many concerns there are tried-and-tested sample letters: an informal defect notice, a rent reduction letter or a termination notice. Templates help to include the required information completely; however, deadlines for responses must always be observed.

• Defect notice: Brief description, date, set a deadline for remediation; example: "Mold in bedroom since 01.03., please fix within 14 days."
• Rent reduction letter: State the reason, period of reduction and percentage; attach proof photos.
• Termination letter: Formally possible without a special form, but ensure correct addressing and notice periods; a template can help avoid missing mandatory details.
• Housing entitlement certificate (WBS): If relevant for eligibility or socially subsidized housing, apply for the WBS under the rules of the WoFG^[4].

What happens if it goes to court

Many disputes are first decided at the local court level; in Germany the Amtsgericht is often responsible for tenancy disputes, e.g., rent reduction, termination and eviction suits^[3]. Procedural rules are set out in the Code of Civil Procedure (ZPO)^[2].

• Seek advice: Contact a tenant advisory service or a lawyer before filing a lawsuit.
• Filing a claim: For an eviction claim, landlords/attorneys file the claim with the competent local court.
• Organize evidence: Systematically prepare photos, witnesses, correspondence and bank statements.
• Court date: Be punctual and bring all documents with you.

Key takeaways

• A complete file with dates, images and correspondence simplifies consultation.
• Informal defect notices can trigger an obligation to remedy.
• The local court and the ZPO govern procedure and competence in disputes.

FAQ

Which documents do I need for the first consultation?

Bring the tenancy agreement, handover protocol, proof of communication, photos of defects and payment records.

Do I have to write a defect notice first?

Yes, a defect notice with a deadline documents your efforts and is often a prerequisite for rent reduction.

Who is responsible if the landlord does not respond?

If there is no response, you can turn to the local court; lawsuits are governed by the ZPO^[2].

How-To

1. Collect all relevant documents and arrange them chronologically.
2. Write a clear defect notice with a deadline and send it in a verifiable way.
3. Continuously document rent payments and additional costs.
4. Contact a tenant advisory service or a lawyer for an initial consultation.
5. If necessary, prepare the documents for the local court and file a claim.

Help and Support / Resources

• Civil Code (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO)
• Housing Promotion Act (WoFG) / WBS

---

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Amtsgericht (Zuständigkeit) — justiz.nrw.de
4. [4] Wohnraumförderungsgesetz (WoFG) — gesetze-im-internet.de