Shared Kitchens 2025: Tenant Rights in Germany

Shared kitchens in alternative housing forms are popular but raise many legal questions for tenants in Germany. If you live in a shared flat, a housing project or supported housing with a communal cooking area, you should know your rights on use, cleaning, cost-sharing and liability. Many conflicts arise from unclear usage agreements or when appliances fail and damage occurs. This article explains in plain language which duties landlords and tenants have under tenancy law, how operating costs behave, which forms and evidence help, and how to document disputes securely. Tenants also learn when rent reduction, a repair demand or legal steps make sense and which authorities or courts in Germany are responsible.

What does tenancy law regulate?

The German Civil Code (BGB) sets central duties of landlords and tenants, such as maintenance, use of the rented property and operating costs; relevant rules are in §§ 535–580a.^[1] For court procedures, the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Shared use: rules and agreements

Clear rules prevent conflicts. Written agreements help determine who cleans, how costs are shared and who is liable for damage. Sample termination letters or templates are available from the Federal Ministry of Justice (BMJ) for orientation.Termination letter (BMJ template)

• Clarify cost-sharing in writing (payment).
• Create a written usage agreement or an addendum to the rental contract (form).
• Report and document repairs immediately (repair).
• Clarify access rules and data protection for key management (entry).

Liability and repairs

Liability for damage depends on the cause and fault. Minor wear from normal use is generally the landlord's responsibility; users may be liable for negligent or intentional damage. Operating and heating costs follow legal rules such as the Operating Costs Ordinance.^[3]

• Collect evidence: photos, invoices and messages as proof (document).
• Set a deadline: send a written defect notice with a reasonable deadline, e.g. 14 days (deadline).
• Contact the landlord and document responses; name witnesses if applicable (contact).

Forms and authorities

Relevant templates include sample termination letters or formal defect notices; the local Amtsgericht handles tenancy cases, appeals go to the Landgericht and the Federal Court of Justice issues binding precedents. Procedural rules for enforcement or eviction actions are set out in the ZPO.^[2]

FAQ

Who is liable for damage in a shared kitchen?

It depends on the damage and its cause: the landlord is responsible for maintenance; users are liable for negligent or intentional damage. Evidence and photos are important.

Can the landlord restrict kitchen use?

Yes, if restrictions are contractually agreed or part of a legitimate house rule. Restrictions must not arbitrarily infringe tenants' rights.

What to do about hygiene defects or lack of heating?

Report defects in writing immediately, set a deadline for repair, consider rent reduction and pursue legal action if the issue is not resolved.

How-To

1. Document the issue thoroughly: photos, date, time and witnesses (document).
2. Contact the landlord in writing and request a remedy; record phone calls (contact).
3. Send a defect notice with a deadline (e.g. 14 days) by registered mail or email with delivery receipt (form).
4. If the landlord does not react, consider rent reduction, damages or filing a claim at the competent local court (court).
5. Keep all documents and seek legal advice if necessary.

Key Takeaways

• Costs and responsibilities should be regulated in writing.
• Report repairs immediately and set deadlines.
• Documentation is central to success in disputes.

Help and Support / Resources

• [1] BGB §§535–580a (gesetze-im-internet.de)
• [2] Federal Ministry of Justice (BMJ)
• [3] Federal Court of Justice – tenancy rulings

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1. [1] BGB §§535–580a (gesetze-im-internet.de)
2. [2] ZPO (Code of Civil Procedure) (gesetze-im-internet.de)
3. [3] Operating Costs Ordinance (BetrKV) (gesetze-im-internet.de)