Shared Kitchens Rules: Tenant Rights in Germany

Rights and Duties of Tenants and Landlords

In Germany, tenancy law and the Civil Code regulate many duties for landlords and rights of tenants, for example regarding maintenance and use of shared living spaces^[1]. Shared kitchens in flatshares or special housing forms can be contractually different; always check your rental contract and document arrangements in writing.

• Document defects immediately with photos, date and witnesses.
• Inform the landlord in writing and demand a deadline for remedy.
• Note deadlines: when reported and until when no repair was done.

Repairs, Deadlines and Defect Notices

As a tenant you have rights to functioning equipment; report defects formally, demand subsequent performance or rent reduction and pay attention to deadlines and possible legal paths under the Code of Civil Procedure^[2].

Forms and Templates

For terminations or formal notices, official templates can be helpful. A commonly used example is a sample termination or defect notice from the Federal Ministry of Justice^[3]. Example: briefly state date, defect description, deadline and desired remedy.

Operating Costs, Heating and Shared Areas

Rules for allocating ancillary costs are set out in the Operating Costs Ordinance; heating costs are additionally regulated by the Heating Costs Ordinance^[4][5]. Clarify in the rental contract which costs are shared and how billing is handled.

Courts and Case Law

If no agreement can be reached, local courts are usually competent; for important precedents higher instances such as the Federal Court of Justice decide^[6]. Proceed step by step: documentation, correspondence, advice, then consider litigation.

FAQ

Can the landlord change the shared kitchen without consent?

That depends on the rental contract and whether the change significantly affects use; check rights from the rental contract and the Civil Code^[1].

Do I have to pay proportionally for new appliances?

Only if the rental contract or a separate agreement regulates cost distribution; otherwise: no unilateral cost allocation without consent.

What to do in case of repeated disturbances by roommates?

Document, inform the landlord, insist on compliance with house rules and ultimately set deadlines or consider legal steps.

How-To

1. Write a formal defect notice with date, description and deadline for remedy.
2. Gather evidence: photos, witnesses, chat or email communication.
3. Set realistic deadlines and send reminders in writing if there is no response.
4. If necessary, inform the local court or seek legal advice before filing a lawsuit.

Help and Support / Resources

• Laws online: Civil Code, Operating Costs Ordinance, Heating Costs Ordinance
• Federal Court of Justice (BGH) – decisions
• Federal Ministry of Justice – forms and templates
• Justice portal – local courts

1. [1] Civil Code (BGB) §§ 535–580a - Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) - Gesetze im Internet
3. [3] Sample termination letters and forms - Federal Ministry of Justice
4. [4] Operating Costs Ordinance (BetrKV) - Gesetze im Internet
5. [5] Heating Costs Ordinance (HeizKV) - Gesetze im Internet
6. [6] Federal Court of Justice (BGH) - bundesgerichtshof.de