Tenant Questions: Serviced Apartment House Rules in Germany

Many tenants in serviced apartments wonder which rules a house rule may contain and how these are fairly distributed among residents. In Germany, tenancy law provides special protections; landlords may not arbitrarily intrude into private areas. This text explains concretely how the house rules are interpreted, which clauses are common, which duties and rights tenants have, and how to act in case of repeated violations. You will find practical steps for documentation, guidance on formal letters and indications of when the local court or rent court can be involved. The information is designed for practical use and cites official sources and forms so you can act with confidence.

What does the house rule regulate in a serviced apartment?

The house rule typically covers cleaning and quiet hours, rules for shared areas, waste disposal and access for service personnel. It may set framework conditions but cannot unilaterally worsen contractual conditions or restrict fundamental tenant rights. Specifically, the landlord's duties under the Civil Code remain in place, in particular the obligation to maintain and to hand over the rental property in contractual condition (^[1]).

How are rules distributed fairly?

Fair means rules should be transparent, reasonably justified and applied equally. Before introducing new rules, landlords should consult tenants; in larger serviced-apartment complexes tenant representatives can help. Written notices or digital distribution reduce misunderstandings.

• Documentation: Photograph or log disturbances and times.
• Talk: Speak with the landlord or management and document the conversation.
• Set deadlines: Request remediation within a reasonable timeframe.

Forms & Authorities

There is no nationwide mandatory template for a defect notice, but a written letter with date, description and deadline is effective. For serious issues like persistent lack of heating or unlawful access rules, court action at the local court may be necessary; court proceedings follow the Civil Procedure Code (^[2]). In complex cases, case law from the Federal Court of Justice may be relevant (^[3]).

FAQ

Can the landlord change the house rules unilaterally?

Basically, the landlord cannot arbitrarily worsen tenants' contractual rights. Changes should be transparent; for significant disadvantages the tenants' consent or a contract amendment is required.

Which clauses are inadmissible in house rules?

Clauses that contradict statutory minimum rights or unreasonably restrict privacy, such as general access rights without specific cause, are inadmissible.

What to do about repeated disturbances by co-residents or service staff?

Document incidents, notify the landlord in writing with a deadline and consider legal action if no remedy is provided.

How-To

1. Document the incident: collect date, time, description, photos or videos.
2. Send a written defect notice: request remediation with a reasonable deadline.
3. Keep evidence: retain landlord responses, witness statements and bills.
4. If no remedy, consider starting proceedings at the local court.

Help and Support / Resources

• Justice Ministry hotline and information
• Laws in the Internet (BGB, ZPO) - Official statutes
• Federal Court of Justice - decisions and guidance

1. [1] Civil Code (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Civil Procedure Code (ZPO) – gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – bundesgerichtshof.de