Student Housing: Tenant Rights & Rules in Germany

Many students live in student housing and wonder which rights and duties apply for rules, house regulations, and management. This guide explains in plain language how tenants in Germany can request transparent management, which rules are permissible, and how to act in case of problems with heating, mold, additional costs, or termination. I describe practical steps: documenting defects, communicating with management, using official forms and deadlines, and further help in disputes before the local court. The goal is that students know their tenant rights and can act without requiring legal expertise. At the end you will find FAQ, a step-by-step guide, and official sources for forms and courts.

What applies in student housing?

Rules in student housing must comply with tenancy law: the obligations of landlords and housing providers follow the principles of the German Civil Code (BGB)^[1], in particular regarding maintenance and rent reduction. Individual house rules may not contradict statutory provisions. If management practices seem opaque, systematic documentation and targeted inquiries help.

• Documentation: Collect photos, dates, short descriptions and possibly witnesses; keep all evidence carefully.
• Report defects in writing: Draft a short, dated notice with a deadline and send it by email and, if possible, by registered mail.
• Observe deadlines: Set reasonable follow-up deadline(s) and note deadlines clearly before considering further steps.
• Consider rent reduction: For significant defects, a proportional rent reduction may be possible, but only after proper notification and documentation.
• Legal steps: For unresolved conflicts the local court (Amtsgericht) is competent; consider alternatives like mediation first.

Important forms

In conflicts and formal steps, typical forms are relevant. Below are common forms and practical examples of when to use them.

• Termination letter (template): If you terminate yourself or respond to a termination, use a clear, dated termination letter. Example: If conditions are unbearable, terminate in writing with a deadline and reasons. ^[4]
• Payment order / reminder: If additional costs or claims are disputed, a payment order often starts the formal process to assert claims.
• Complaint form for eviction or monetary claim: If negotiations fail, file the appropriate complaint at the local court; the complaint should include evidence, claim and requests.

Courts and procedures

Tenancy disputes are heard in the first instance by the local court; the Code of Civil Procedure (ZPO)^[2] governs procedure. For appeals and legal precedent, regional courts and the Federal Court of Justice (BGH)^[3] are relevant.

FAQ

Who decides on a rent increase in student housing?

A rent increase must be legally justified and comply with the BGB; often a written agreement decides or the competent local court in case of dispute.

Can I reduce the rent if the heating fails?

Yes, for significant impairment a rent reduction may be possible, but only after timely notification of the defect and a reasonable deadline for remedies.

How long does an eviction procedure take?

The duration varies; simple procedures can take months, complex cases longer. Local court workload affects timing.

How-To

1. Step 1: Document the defect immediately (photos, date, involved persons).
2. Step 2: Report the defect in writing to management and set a deadline.
3. Step 3: Wait for the deadline and review the response; document every reply.
4. Step 4: If necessary, initiate formal steps (payment order, complaint at the local court) and use official forms.

Help and Support

• Federal Ministry of Justice and Consumer Protection – information on rights and forms.
• Gesetze im Internet (BGB, ZPO) – central legal texts online.
• Justice portal: Court forms – official court forms and guidance.

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1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Justice portal: Court forms — justiz.de