Serviced Apartment & House Rules for Tenants in Germany
What does the house rules regulate in serviced apartments?
The house rules usually set everyday obligations: cleaning of common areas, quiet hours, waste separation and additional visitor rules. Such rules may supplement the contractual tenancy but must not override or restrict mandatory tenant rights from the German Civil Code (BGB).[1]
- Clarify access rules (entry): When landlord or staff may enter the apartment.
- Report repairs: Document defects and take photos (repair).
- Check service charges (rent): Which additional operating costs are permissible.
- Observe deadlines (deadline): Defect notification and statutory response times.
Which rules are inadmissible?
Invalid are clauses in the house rules that circumvent tenancy law, such as blanket bans that prevent contractual use or automatic penalties without legal basis. In case of doubt, a formal defect notice with a deadline and documentation is worthwhile.
- Avoid disproportionate prohibitions (warning): Rules that severely restrict daily living.
- Secure evidence (evidence): Collect photos, messages and witnesses.
- In case of escalation court involvement (court): Proceedings at the local court possible.[2]
Practical steps for tenants
If the house rules restrict your rights or a defect occurs, proceed systematically: document the defect, inform the landlord in writing, set a deadline and consider further steps if there is no reaction. For service charge questions, consult the Operating Costs Regulation.[3]
How-To
- Step 1: Document the defect and set a deadline (deadline): date, photos and short description.
- Step 2: Send a written defect notice to the landlord (evidence): formulation with deadline specification.
- Step 3: If necessary, use a sample letter and remind after 14–30 days (form).
- Step 4: Final step: consider legal clarification at the local court (court) if no solution is found.[2]
Forms and templates (official guidance)
As a tenant, you should be familiar with these official guidance and template tips:
- Termination letter (tenant termination) – Use sample texts to avoid formal errors; include date and signature.
- Defect notice / complaint – Letter with concrete deadline (e.g. 14 days) and request for remedy.
- Application for eviction claim – filed by the landlord at the local court; as tenant you should review and respond to the complaint.
If unclear, always include date, address, exact defect description and a concrete deadline in your letter. Example: "Please remedy mold in the bathroom by DD.MM.YYYY; otherwise I reserve the right to reduce rent."
Frequently Asked Questions
- 1. Can the house rules in a serviced apartment impose a smoking ban?
- Yes, a smoking ban for common areas is generally permissible; restrictions within the rented unit depend on the tenancy agreement.
- 2. What can I do if repairs are not carried out?
- Document the defect, send a written defect notice with a deadline and consider rent reduction or legal action if necessary.
- 3. Who decides disputes about the house rules?
- Disputes are decided by the local court; legal bases can be found in the BGB and ZPO.[1][2]
Help and Support / Resources
- [1] German Civil Code (BGB) – gesetze-im-internet.de
- [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- [3] Operating Costs Regulation (BetrKV) – gesetze-im-internet.de
- [4] Justice Portal – information on courts