Protecting Children's Rights in WGs — Tenants in Germany
As a tenant in a WG in Germany you may wonder how children’s rights in the living environment can be protected. This guide explains in practical terms what obligations landlords have, how tenant protection applies to safety defects or noise and when rent reduction, repair requests or legal steps are appropriate. We show which forms and deadlines matter, how to document evidence and which local court to contact. Everyday examples help resolve conflicts with flatmates or landlords without immediate escalation. The language remains clear so that you as a tenant know your rights and can act purposefully. We list official forms, judicial contact points and practical steps so tenants can quickly find support.
Rights of children in the living environment and legal basis
Children in shared flats do not have a separate tenancy, but they are protected by general tenancy law and the child welfare principle. Landlords must keep the apartment in contractual condition; this includes safe windows, working heating and protection from mold. Many obligations derive from the BGB, especially regarding maintenance and rent reduction[1]. If eviction claims or legal disputes arise, the ZPO applies and the competent local court (Amtsgericht) decides in the first instance[3].[2]
Practical steps: immediate measures for tenants
If the safety or care of children is affected, act promptly and document everything. Send a defect notice, set a reasonable deadline for remedy, and collect photos, messages and witness statements. For acute hazards (e.g., broken windows in winter, dangerous stairs) report the defect immediately in writing and demand quick repairs.
Defect notice: what to write?
Write briefly: date, affected areas, precise description of the defect, impact on children (e.g., no heating, danger of collapse) and a deadline for remedy. Use at least 14 days for non-urgent issues; for acute danger choose a shorter deadline and consider further steps.
- Suggested wording: "Dear landlord, since [date] the following defect exists: [description]. The defect endangers the safety or health of children in the WG. Please remedy the defect by [date]."
- Evidence: collect photos, timestamps, medical notes or witness statements and store them chronologically.
- Deadlines: state clear deadlines; record proof of delivery (e.g., registered mail).
If the landlord does not respond
If there is no response, tenants can consider rent reduction, commissioning a tradesperson and offsetting costs under certain conditions, or ordering remedial work (Ersatzvornahme). Inform yourself about legal requirements before withholding payments. For ongoing hazards, involve the youth welfare office (Jugendamt) or a counseling service if the child’s welfare is at risk.
Frequently Asked Questions
- Who decides disputes about apartment condition in a WG?
- The competent local court (Amtsgericht) decides tenancy disputes; a written defect notice and mediation are often advisable first.
- Can I reduce the rent if children are endangered by mold?
- Yes, significant impairments of habitability can justify rent reduction. The amount and start depend on the individual case; document mold and report it in writing.
- Who to contact in case of immediate danger to a child in the flat?
- In immediate danger: contact emergency services or the youth welfare office and inform the landlord in writing at the same time.
How-To
- Step 1: Report the defect in writing and set a deadline (date, exact description, state the danger to children).
- Step 2: Observe deadlines and collect evidence within the set period (photos, witnesses, messages).
- Step 3: If no remedy: consider rent reduction or ordering remedial work with cost proof.
- Step 4: If refusal continues or eviction is threatened, consider legal action and file a claim at the local court.
Help and Support / Resources
- BGB – Statutory texts and rules (§§ 535–580a)
- Information on local courts and jurisdiction
- Federal Ministry of Justice – guidance and forms
