Tenant Rights: BGH Rulings for Flatshares in Germany

As a flatshare tenant in Germany, you often face questions about rent reduction, repairs, utility charges or eviction. This guide explains in practical terms how BGH rulings affect flatmates' rights, what obligations landlords have and how you, as a tenant, can document, inform and act wisely. The language is intentionally plain: no legalese, just clear steps, form notes and everyday examples for living in a flatshare. At the end you will find a short how-to for dealing with defects, notes on important deadlines and links to official authorities so you reliably know when to take action yourself.

What flatshare tenants in Germany should note

In flatshares several people share one apartment, which can affect responsibilities and deadlines. In general, the BGB regulates landlords' and tenants' primary duties, such as maintenance and rent payment^[1]. If a defect impairs use, tenants often have the right to rent reduction or repair by the landlord.

Important: Agree within the flatshare who handles communication (a single contact person simplifies deadlines and proof). Some BGH decisions address exactly such constellations and explain how courts assess the responsibility of individual flatmates^[2].

Practical steps for defects

• Take photos and create written documentation of the defect immediately.
• Notify the landlord in writing with proof of delivery (email with receipt or registered letter).
• Set a reasonable deadline for repair (e.g., 14 days, depending on urgency).
• In case of health or safety risk (e.g., heating failure in winter) notify immediately and take interim measures if necessary.

Rent reduction explained briefly

If the apartment's usability is impaired, tenants can reduce the rent. The amount and start depend on the extent of the defect; there is no fixed percent table for every case. Inform the landlord in writing, set deadlines and keep records of communication and damages.

What to do in case of eviction or removal

In cases of extraordinary termination or an eviction lawsuit the ZPO applies: you can use deadlines to submit a response, and the local Amtsgericht is responsible for many tenancy disputes. Make sure to consider offers to cover costs or proposals for an amicable solution before entering court proceedings^[3].

Common mistakes and how to avoid them

• Not reporting in writing: verbal complaints are hard to prove.
• Missing receipts: without photos and dated records you lose evidentiary power.
• Unclear responsibilities in the flatshare: appoint a contact person.

Häufige Fragen

Can I reduce the rent if the heating fails?

Yes, if usability is impaired a rent reduction is possible; inform the landlord in writing and document the failure.

Who signs the termination in a flatshare?

Generally only the contracting parties must agree; with a joint tenancy all main tenants are usually affected, clarify form and deadlines in writing.

What if the landlord does not respond?

Set a deadline for remediation, document everything and consider legal steps or tenant advice.

Anleitung

1. Collect evidence: photos, dates, witness statements and invoices.
2. Send a formal defect notice to the landlord with a deadline and proof of delivery.
3. Set a reasonable deadline; document the result and respond to replies on time.
4. If no solution is possible, prepare documents for a claim at the competent local court or seek tenant advice.

Hilfe und Unterstützung

• [1] BGB §535 – Landlord obligations
• [2] Federal Court of Justice — Decisions in tenancy law
• [3] Federal Ministry of Justice — Information and contact

1. [1] Gesetze im Internet — BGB §535
2. [2] Bundesgerichtshof — Decisions
3. [3] Gesetze im Internet — ZPO