Tenant Guide: BGH Rulings for WGs in Germany

As a tenant in Germany, it is important to know BGH rulings that can practically affect WG-specific conflicts. This guide clearly explains which Federal Court of Justice decisions are relevant for tenancy relationships, protection against termination, rent reduction and utility billing. You will learn how to document disputes with the landlord, report defects and draft formal letters correctly. Concrete steps are described when a rent reduction is possible, how deadlines should be observed and when legal advice or a tenants' association makes sense. Examples from everyday WG situations show how rulings are applied. The goal is that you as a tenant can enforce your rights more securely and resolve conflicts in the WG faster and with legal certainty.

What WG tenants need to know

WG residents often face special questions: Who must pay the deposit, who signs the lease, and how is liability for damages or noise allocated? Central regulations on the lease and maintenance are found in the Civil Code (BGB) §§ 535–580a.^[1]

The Federal Court of Justice (BGH) regularly decides on fundamental issues that also affect WG constellations, for example the effectiveness of partial terminations, subletting or the question of how communal areas are calculated.^[2]

Quick steps for defects

• Set a clear deadline for the landlord to remedy the defect (e.g. 14 days) and describe the defect precisely.
• Take photos and keep a log with date and time and who is affected.
• Report the defect in writing by registered mail or email with read receipt.
• If the problem persists, check whether a rent reduction is justified and in what amount.

If the landlord does not respond, you can consider further steps after the deadline: assert rent reduction, arrange remediation yourself, or prepare legal action. Observe the deadlines and formal requirements of the Code of Civil Procedure (ZPO) for possible lawsuits.^[3]

Important forms and templates (practical examples)

• Termination letter (informal possible): State date, tenancy details and reason clearly. Example: A flatmate moves out, changing the contract situation — clarify in writing return of keys and deposit.
• Application for legal aid (PKH): If an eviction suit is expected and you have limited funds, apply for PKH at the competent local court.
• Defect notification letter: date, exact description, deadline and photo attachments; request written confirmation of receipt.

FAQ

Who is liable for damages in the WG?

In principle, the perpetrators are liable; liability for shared areas may be divided. Check the lease and document the damage immediately.

Can I, as a subtenant, reduce the rent?

Yes, in case of significant defects a rent reduction can be possible. Documentation, setting a deadline and possibly legal advice are important.

What happens in an eviction suit?

An eviction suit is heard at the local court; observe deadlines and consider legal aid if necessary.

How-To

1. Report defect informally in writing and set a deadline (e.g. 14 days).
2. Collect evidence: photos, witnesses, logs and keep all correspondence.
3. Check whether rent reduction or compensation is appropriate and calculate the amount with reasons.
4. If necessary, prepare a lawsuit or consult a lawyer/tenants' association; remember deadlines and apply for legal aid if needed.

Help and Support / Resources

• Gesetze im Internet (BGB §§535–580a)
• Federal Court of Justice (BGH) decisions
• Code of Civil Procedure (ZPO)

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1. [1] Civil Code (BGB) - gesetze-im-internet.de
2. [2] Federal Court of Justice - bundesgerichtshof.de
3. [3] Code of Civil Procedure (ZPO) - gesetze-im-internet.de