Tenant Guide: First Consultation for Shared Flats in Germany

As a shared-flat tenant in Germany you will often face questions about rent, repairs or termination. A well-prepared first consultation saves time and strengthens your rights when speaking with tenant associations, advice centers or lawyers. This article provides a practical checklist, guidance on important forms, deadlines, what to document and how to structure a first consultation. The goal is that you, as a tenant, have the relevant documents ready, present your situation clearly and discuss concrete next steps. The tips are aimed at all flatmates who act together or individually, including simple examples for defect notices, terminations and legal actions. Read the checklist and collect evidence like photos, correspondence and payment records before the appointment.

Before the Appointment: Documents & Checklist

• Lease agreement and recent rent payments (rent)
• Deposit receipts and bank statements (rent)
• Photos and videos of defects (photo)
• Correspondence with the landlord, SMS and emails (document)
• Invoices for repairs, quotes or cost estimates (rent)
• Defect notice or written repair request (form)
• List of flatmates and who is responsible for what (contact)

What Is Discussed in the First Consultation

Advice centers and tenant associations review your documents with you, clarify deadlines, possible rent reductions and whether a formal defect notice is needed. They will often discuss next steps such as a written reminder, involving a mediation body or, if unavoidable, legal clarification.

• Drafting the defect notice and setting deadlines (form)
• Assessing whether a rent reduction is appropriate due to uninhabitability (repair)
• Observing important deadlines, for example to cure defects or respond (deadline)

Legal Basis and Responsible Authorities

German tenancy law is regulated in the German Civil Code (BGB), especially regarding landlord and tenant duties, rent reduction and termination.^[1] For court proceedings, rules of the Code of Civil Procedure (ZPO) apply, for example in eviction lawsuits.^[2] Local courts (Amtsgericht) handle tenancy disputes; binding precedents are set by the Federal Court of Justice (BGH).^[3]

Forms and Templates (when & how to use)

• Termination letter (tenant) — use a template when you want to end the tenancy; send by registered mail (form)
• Defect notice / defect report — send in writing with photos and set a reasonable deadline for remedy (form)
• Operating cost statements — review and have payment records ready (rent)

Practical example: For mold in a shared-flat room, take photos, note the start date and report the defect in writing with a two-week deadline to remedy. If this fails, discuss with the advice center options for rent reduction or further steps.

How to Structure the Consultation

1. Confirm appointment: record date, time and duration (deadline)
2. Prepare a short case summary: who, what, since when, prior communication (document)
3. Write concrete questions, e.g. about rent reduction, notice periods or cost liability (form)
4. Clarify next steps: who contacts the landlord, who collects evidence, set deadlines (contact)

FAQ

How do I prepare as a flatmate for a first consultation?

Short: checklist, photos, lease, payment records, defect notices, names of flatmates; bring concrete questions.

Which deadlines matter for defects and termination?

Set a reasonable deadline in a defect notice (e.g. 14 days), check lease notice periods and observe deadlines for legal action under the ZPO.

Who should I contact for legal advice?

Contact local tenant associations, advice centers or the legal information offices of the local courts for guidance on procedures.

Anleitung

1. Gather documents: lease, receipts, photos, correspondence (form)
2. Document defects and send a written notice with photos and a deadline (document)
3. Book the consultation and bring the questions list and all documents (contact)
4. Follow up: monitor deadlines, record the consultation and agree on next steps (deadline)

Help and Support / Resources

• BGB (Gesetze im Internet) - Tenancy law
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection

1. [1] Gesetze im Internet - German Civil Code (BGB)
2. [2] Gesetze im Internet - Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH)