Fair Allocation of Serviced Apartments for Tenants in Germany

Many tenants in Germany live in so-called serviced apartments or face the question of how these should be fairly allocated, for example in apartment buildings or by landlords with multiple units. This guide explains in plain language which rights and obligations you have as a tenant, which forms and deadlines to observe and how to proceed in case of problems with use, costs or repairs. I name the relevant laws such as the Civil Code, show practical steps for documenting defects and describe when the local court can be involved. For each section you will find concrete examples and notes on which official forms are useful and which steps are common in Germany.

Rights and Obligations for Serviced Apartments

Whether landlords may allocate serviced apartments differently depends on the contractual agreements and obligations under tenancy law. The German Civil Code regulates basic duties of landlord and tenant such as maintenance and provision of the leased property^[1]. If there is no clear contractual rule, objective criteria (e.g. size, accessibility, designated purpose) can serve as a basis and will be examined in case of dispute.

Practical Steps for Tenants

If you want to assert fair allocation or use of serviced apartments as a tenant, follow clear steps: check the contract, document problems, set deadlines and seek amicable resolution. Only if this fails should court proceedings be considered, and those should be well prepared.

• Check the rental agreement to see whether serviced apartments or special usage rules are agreed in writing.
• Document defects, occupancies or unclear assignments with date, photos and witnesses.
• Send a written defect or complaint notice to the landlord; state a reasonable deadline for a response.
• Collect all receipts for payments, agreements and received services.
• Consider applying for legal aid if you plan to file a claim at the competent local court.^[2]

Forms and Templates

Relevant official forms and templates tenants should know:

• Termination letter (template): Used when a tenancy is to be ended; state date, contract object and reason clearly. Example: A tenant terminates a sublease due to services not being provided as agreed.
• Application for legal aid (PKH): This form helps if you cannot afford court proceedings yourself; example: a tenant applies for PKH to pursue a rent reduction claim in court.
• Defect notice (informal letter): Describe the defect, time and your demand for remedy; send by registered mail if possible.

Court and Procedure

Tenancy disputes are usually heard at the local court; the Code of Civil Procedure regulates proceedings up to eviction claims and procedural deadlines^[3]. Before going to court, observe deadlines, secure evidence and check whether mediation or a conciliation board can provide a quicker solution.

Key Takeaways

• Tenants have basic protections under the Civil Code, also for serviced apartments.
• Documentation and meeting deadlines are crucial for successful claims.
• Court action at the local court is possible but should be well prepared.

FAQ

Who decides on the allocation of serviced apartments in the building?

Generally, the landlord may set allocation rules if they are contractually permissible and not arbitrary; in case of dispute, the local court will usually decide based on the lease and statutory duties.^[1]

What evidence helps in disputes?

Photos, dates, witness statements, written agreements and payment receipts are the most important pieces of evidence.

When is it worth filing a lawsuit?

If out-of-court resolution fails and the claim is promising and economically justifiable; also consider legal aid.

How-To

1. Carefully review the lease for clauses on serviced apartments and special usages.
2. Document issues with dates, photos and witnesses and send a defect notice to the landlord.
3. Set a reasonable deadline for remedy; if necessary, prepare a lawsuit and consider legal aid.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Laws in the Internet: German Civil Code (BGB)
• Laws in the Internet: Code of Civil Procedure (ZPO)

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Bundesministerium der Justiz und für Verbraucherschutz (BMJ) – bmj.de
3. [3] Zivilprozessordnung (ZPO) – gesetze-im-internet.de