Shared Areas: Tenant Rights in Germany

Many tenants in Germany face the question of how to use shared areas such as corridors, stairwells or gardens fairly without conflicts escalating with neighbours or the landlord. This text explains in plain language which rights and duties tenants have, how to document problems and which official forms or deadlines matter. You will receive practical steps for communication, involving the landlord and preparing for possible legal actions at the local court. With simple examples, tenants learn when a rent reduction may be possible, how to file an application and what role the BGB and court decisions play.

Practical Steps for Tenants

Start with clear, factual actions: disputes about shared areas can often be resolved by documentation and communication. Note date, time and the nature of the problem, take photos and collect evidence. If the landlord is responsible, ask them for remedy in writing and set a reasonable deadline.

• Document defects with photos, dates and brief notes.^[1]
• Speak politely with the neighbour first, then inform the landlord in writing.
• Set clear deadlines in your written request and state subsequent actions if nothing happens.
• Use a standardized defect notice or written request as proof to the landlord.
• If no agreement is reached, the local court (Amtsgericht) is responsible for tenancy disputes; prepare documents and a short chronology for court.^[2]

Documentation and Forms

Good record-keeping strengthens your position. There are official forms and standardized applications used in court or with authorities. Particularly relevant are applications for legal aid (PKH), filing a lawsuit at the local court and written defect notices as evidence.

• Application for legal aid (PKH): Used when you want to go to court but cannot afford the costs; submit examples of your income and expenses.^[3]
• Filing a claim at the local court (civil claim): form or informal pleading with facts and claim; name witnesses and attach evidence.^[2]
• Defect notice to the landlord: date, description, deadline; send by registered mail or document the handover.

If Proceedings Arise

If the dispute goes to court, the Code of Civil Procedure (ZPO) governs the process; often the local court is the first instance for tenancy disputes. Prepare a clear file with dates, photos, correspondence and witness details. Check early whether legal aid is an option and, if so, file the application in good time.^[3]

Frequently Asked Questions

Who is responsible for cleanliness and repairs in shared areas?

Generally, the landlord is responsible for traffic safety and maintenance; contracts can assign cleaning duties to tenants, so check your lease carefully.^[1]

Can the landlord suddenly change rules of use?

The landlord cannot unilaterally change rules to the detriment of tenants if this results in contractual restrictions; often a written agreement is required.

When is a rent reduction possible due to shared-area defects?

If the habitability of the apartment is significantly affected by defects in shared areas, a proportional rent reduction may be possible; document the extent and duration of the defect.^[1]

How-To

1. Document the problem with photos and a short chronology.
2. Address the issue with the involved neighbours first; stay factual.
3. Send a written defect notice to the landlord with a deadline.
4. Wait for the stated deadline and document the response or lack thereof.
5. If necessary, prepare documents for a claim at the local court and consider applying for legal aid (PKH).
6. Look for practical solutions such as written house rules to avoid long-term disputes.

Help and Support / Resources

• Gesetze im Internet – Civil Code (BGB)
• Federal Court of Justice (BGH) – Decisions and information
• Federal Ministry of Justice – Information and forms

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesjustizamt – Information on legal aid and procedures
4. [4] Federal Court of Justice (BGH) – Decisions and guidance
5. [5] Federal Ministry of Justice – Forms and consumer information