Student Housing: Tenant Rights in Germany 2025
As a student living in a dormitory, you often encounter rules about room order, visiting hours, ancillary costs and repairs. This guide clearly explains the rights and duties tenants have in Germany, how to report defects and heating problems, which termination deadlines apply and when the local court may be involved. We explain step by step how to complain in writing, which documents are important and which deadlines to watch so that you as a student tenant can enforce your rights in practice. The text shows how to respond to rent increases, which documents are needed for deposit refunds and how formal letters should be structured.
Important rules in student housing
Student residences usually have their own house rules; typical points concern quiet hours, visitors, cleanliness, key rules and use of communal rooms. Read the house rules and your rental agreement carefully so you know what is allowed and what is not.
- Quiet hours (hours): Usually observed in the evenings and at night; violations can lead to warnings.
- Visitor rules (entry): Longer visits or overnight stays are often restricted.
- Paying rent (rent): Observe the payment date in the contract and keep transfer receipts.
- Deposit (deposit): Check refund and deadlines, take photos at move-out.
- Common areas: Cleanliness duties often apply jointly; violations can incur costs.
Tenant rights and duties
The central rules of tenancy law are found in the German Civil Code (BGB), in particular regarding landlord duties and tenant rights.[1] Duplicate defect reports in writing, set deadlines for remedy and document damages with photos and dates. The landlord must maintain the rented property in a contractual condition; in case of heating failure or mold you can reduce the rent or demand repairs.
- Report repairs (repair): Describe the damage, location and date, send a written defect notice.
- Set deadlines (notice): Set reasonable deadlines for remediation and document the deadline setting.
- Collect evidence (evidence): Photos, messages, witnesses and payment receipts help in later disputes.
When defects occur
Procedure for defects: report immediately, set a deadline, document. If the landlord fails to act, you can consider deadlines for self-remedy or rent reduction; in extreme cases a suit at the local court may follow.
- Write a defect notice (form): Date, description, and a period for remediation.
- Create documentation (evidence): Photos, witnesses and communication logs.
- Allow inspection appointment (entry): Grant access but keep confirmations in writing.
Legal steps and courts
If the landlord refuses to remedy, the next step is often the local court (Amtsgericht) for tenancy disputes; higher instances are the regional court and the Federal Court of Justice (BGH) for appeals and precedents.[2][3]The Code of Civil Procedure (ZPO) applies for eviction claims and civil procedure steps.
FAQ
- Can the dormitory simply evict me for rule violations?
- Summary termination is only possible for serious breaches of duty; otherwise contractual notice periods and formal requirements apply.
- How do I document mold or heating failure correctly?
- Take photos with dates, report immediately in writing and request a remediation deadline; collect previous reports as evidence.
- Who decides on rent reduction?
- In disputes over the amount of a rent reduction, the court decides if necessary; first try to reach an agreement with the landlord.
How-To
- Describe the damage (form): Write a clear defect notice with date and requested deadline.
- Collect evidence (evidence): Note photos, messages and witnesses.
- Contact parties (contact): Send the notice to landlord and management and ask for confirmation.
- Set a deadline (repair): Set a reasonable deadline for repair and announce further steps.
- Court steps (court): If help is lacking, consider filing suit at the local court or seeking student services advice.
Key takeaways
- Documentation is essential to enforce rights.
- Formal defect notices with deadlines increase pressure to remedy.
- The local court is the usual venue for tenancy disputes.
Help and Support / Resources
- German Civil Code (BGB) - Gesetze im Internet
- Code of Civil Procedure (ZPO) - Gesetze im Internet
- Federal Court of Justice (BGH) - Information
