Shared Flat in Dorm: Tenant Rights & Documentation Germany
As a tenant in a shared flat in a dorm in Germany, it is important to understand how house rules, documentation and the law work together. Many conflicts can be avoided if flatmates record damage, disruptive conditions or unclear responsibilities promptly and in writing. This guide explains in plain language what rights you have as a tenant, what duties landlords and dorm operators hold, and how to document incidents so that evidence can hold up in court. We provide suitable wordings for written notices, which deadlines to observe and which authorities or courts you can contact.
What applies to shared flats in dorms?
Many dorms have binding house rules in addition to statutory tenancy law. The landlords basic duties for maintenance and usage are regulated in the BGB[1]. Flatmates have the same tenancy rights as individual tenants: the right to remedy defects, rent reduction for serious impairments, and protection against unlawful termination.
How to document? Step-by-step
Good documentation means date, time, place, description, and evidence item. Record precisely who was involved and what effects the defect has (e.g., loss of heating). Send each defect notice additionally by e-mail or registered mail to the property management or landlord.
- Collect photos, videos and written reports as evidence.
- Write a short written defect notice with date and deadline and send it to the property manager.
- Record all deadlines and responses to avoid missing time limits.
- If there is no response, consider legal steps at the local court; civil procedure is governed by the ZPO[2].
House rules and neighbors
The house rules often regulate quiet hours, use of common rooms and waste disposal. They are only effective insofar as they do not conflict with statutory provisions. In disputes between roommates, a written internal agreement within the flat can help. If the house rules disproportionately restrict the use of the rental property, tenancy law in the BGB may intervene[1].
FAQ
- Who decides disputes in a shared flat in a dorm?
- Legal disputes are first dealt with by local courts; higher instances include regional courts and possibly the Federal Court of Justice.
- Can I reduce the rent if the heating fails?
- Yes, a rent reduction is possible for significant impairment; document the outage and duration carefully.
- How do I formulate a defect notice correctly?
- Be brief and specific, include date, description, desired remedy deadline and a note on potential legal steps.
How-To
- Step 1: Photograph and film the defect immediately as evidence.
- Step 2: Draft a defect notice with date and set deadline (e.g., 14 days) and send it by e-mail and registered mail.
- Step 3: Keep a log of all responses and deadlines.
- Step 4: If there is no reaction, prepare documents for the local court and seek legal advice.
Key Takeaways
- Document defects and incidents in detail and promptly.
- Observe deadlines and respond within the indicated times.
- Send important notifications in writing and keep proof of delivery.
