Shared Areas: Conflict-Free Use for Tenants in Germany

Many senior households in Germany face similar questions: who may use the bike cellar, stairwell or garden, how can noise and storage of items be regulated, and what rights do tenants have when others violate rules? This guide explains in plain language how tenants in Germany can spot disputes over shared areas early, document them factually and resolve them step by step. You will learn which forms and deadlines matter, when a written defect notice is useful and how local courts or mediation can be involved. The language is simple and aimed at non-expert readers, especially senior households seeking a fair, low-conflict solution.

Who may use shared areas?

Shared areas such as corridors, bike cellars or gardens are for all tenants. Restrictions can be in the lease or house rules. If unclear, the landlord should propose solutions; the landlords duties and tenant rights are regulated in the BGB.^[1]

Concrete steps for conflicts

For recurring problems, work stepwise: document, inform the landlord, set a deadline and consider legal options. Always start with a polite written request to the landlord or property manager.

• Document incidents with date, time and photos as evidence.
• Send a formal defect notice to the landlord and request remedy within a reasonable deadline.
• Contact your landlord or property manager in writing and by phone to clarify misunderstandings.
• Check whether house rules or the lease restrict use and whether those restrictions are lawful.

Forms and official steps

Important forms and applications are available from courts or via the justice portal. Examples and uses:

• Termination letter (template): Used when no other remedy works; submit in writing and document delivery.
• Application for legal aid (PKH): If you want to sue but cannot afford costs, apply for PKH at the competent local court.
• Power of attorney for legal representation: Authorizes a person or lawyer to represent you in negotiations or court.

Forms and exact submission procedures are available via the justice portal and your local Amtsgericht.^[4]

When is a lawsuit appropriate?

Only after unsuccessful deadline setting and documentation should eviction or injunctive actions be considered. Civil procedure rules are in the ZPO; cases usually proceed at the Amtsgericht.^[2]

Mediation

Mediation is often faster and cheaper than court. A neutral mediator can help agree rules for shared spaces and build acceptance among all tenants.

FAQ

Who decides when claims to shared areas conflict?

Property managers often try to mediate first; for legal clarification, the local court decides based on the lease and house rules.

Can tenants have items removed from stairwells?

Yes, items that endanger safety or block escape routes can be removed; inform the landlord or fire service first if there is a danger.

What deadlines apply after a defect notice?

A reasonable deadline is usually 14 to 30 days depending on urgency; document the deadline in writing.

How-To

1. Step 1: Document the problem with photos, time and written notes.
2. Step 2: Send a formal defect notice to the landlord and set a clear deadline.
3. Step 3: Try mediation via the property manager or an independent mediator before legal action.
4. Step 4: If no resolution, consider filing a claim at the competent local court.

Key takeaways

• Early documentation prevents later evidence problems.
• Written defect notices and deadlines are legally important.
• Mediation can save time and costs compared to court.

Help and Support / Resources

• [1] Gesetze im Internet: BGB (Civil Code)
• [2] Gesetze im Internet: ZPO (Civil Procedure Code)
• [3] Federal Court of Justice (BGH) - official site
• [4] Justice Portal of the Federal Government and the States

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Official site
4. [4] Justizportal des Bundes und der Länder - Forms and Courts