Tenant Rights: Children's Rights at Home in Germany

As a tenant in Germany you may sometimes face issues where childrens rights at home are affected: insufficient heating, inadequate protection from noise or unsafe access. This practical piece explains how, as a tenant, you can assert childrens rights securely, which deadlines apply, which official forms and evidence you should prepare, and when the local court is responsible. The language is simple; practical steps help report documented defects, consider rent reduction or, if necessary, seek judicial support. We provide concrete templates, show how to collect photos, written defect notices and witness statements, and explain when rent reduction, damages or an eviction suit may become possible.

What are childrens rights at home?

Childrens rights at home concern conditions necessary for childrens safety, health and development: safe windows and balconies, adequate heating, protection against mold, and quiet and safe stairways or outdoor areas. As a tenant you have the right to expect these conditions and to complain about defects. Under tenancy law, landlords are obliged to maintain the rental property in a proper condition.^[1]

How tenants complain about childrens rights

Proceed in a structured way: gather evidence, inform the landlord in writing and set clear deadlines. Documentation and deadlines are decisive if the dispute goes to court.

• Document damages (evidence): photos, date, time and witnesses.
• Report defects in writing (notice): describe the defect, request remedy and set a deadline.
• Set deadlines (deadline): give a reasonable deadline, e.g. 14 days, and announce further steps.
• In case of immediate danger call for help (help): contact emergency services or youth welfare if children are at immediate risk.

Important forms and practical examples

Relevant for tenants are formal letters and applications you can prepare or submit to courts/authorities:

• Termination letter (template): used when a tenant ends the lease; example: ordinary termination after unsuccessful deadline for remedy of persistent defects.
• Written defect notice / rent reduction notice: describe the defect, the impact on children and request remedy within a deadline; example: mold in a childs room with a 14-day deadline.
• Application for legal aid (PKH) / advisory assistance: if you need financial support for court proceedings, apply for PKH at the competent court; example: PKH application before filing a lawsuit for persistent health hazards.

If you need templates or forms, official documents and legal texts are available from courts and the federal law portal; also consult the relevant provisions in the BGB and the ZPO.^[1][2]

Court procedures and competent authorities

If conflicts remain unresolved the local court (Amtsgericht) is often the first instance for many tenancy disputes, e.g. eviction suits or rent reduction cases. Higher courts are the Landgerichte and ultimately the Federal Court of Justice (BGH). Before filing suit check your file: complete records, evidence, witnesses and possible legal aid.^[2][3]

FAQ

Can I reduce rent because of mold?

Yes, if the defect impairs habitability and you have asked the landlord in writing to remedy it; the reduction amount depends on the extent of impairment.

Must I give the landlord immediate access to the apartment?

The landlord may enter for repairs after announcing the visit; in emergencies he can act faster, but notice and your privacy rights remain important.

Who do I contact in case of immediate danger to a child?

Call emergency services immediately and inform the youth welfare office if necessary; also document the condition and witnesses.

How-To

1. Gather evidence: photos, dated notes, medical reports and witness statements.
2. Send a written defect notice: draft a letter or email requesting remedy plus a deadline.
3. Set a deadline: name a concrete period, e.g. 14 days, and warn of further actions.
4. If necessary file a claim at the local court; check legal aid beforehand.

Help & Support / Resources

• BGB §§535–580a — gesetze-im-internet.de
• ZPO — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de