Tenant Rights: Fair Rules for Common Areas in Germany
As a tenant in Germany, you will often face questions about the use of common areas such as corridors, laundry rooms, bicycle cellars or garden areas. This practical guide explains what rights and obligations tenants and landlords have, how to resolve conflicts constructively and which evidence (photos, correspondence) is helpful. With short practical examples I show when house rules, operating costs or structural changes are relevant and how to initiate formal steps, such as written defect notices or a registered letter to the landlord. If necessary, I explain when the local court has jurisdiction and which official forms may be used. The goal is: resolve conflicts fairly, secure rights and avoid unnecessary escalation. If you have questions, use the provided authority contacts or professional advice.
Rights and Obligations
Landlords must keep the rental property in a condition suitable for contractual use. This includes safe corridors, working lighting and accessible entrances; defect notification and repair obligations are governed by the BGB.[1]
- Report damage: Inform the landlord in writing without delay about damage in common areas.
- Collect evidence: Take photos, record dates and witness statements.
- Written defect notice: Provide a clear defect description and request a deadline for remediation.
- Set deadlines: Name a reasonable deadline (e.g. 14 days) and announce further steps.
Keep all receipts and photos organized.
For significant defects a rent reduction may be possible; check the requirements under §§ 535–538 BGB and document the extent and duration of the defect.[1]
In most regions, tenants are entitled to basic habitability standards.
Practical Examples
Example 1: Blocked corridor drain
A blocked drain in the stairwell leads to slip hazards and mold risk. Procedure:
- Take photos of the damage.
- Send a written defect notice to the landlord.
- Set a deadline and announce further steps.
Example 2: Dark bicycle cellar
Lack of lighting increases burglary risk. If the landlord does not respond, consider cost-effective remedies or prepare legal action.
Detailed documentation increases your chances in disputes.
FAQ
- When can I reduce the rent?
- For significant impairments of residential use if the landlord does not react within a set deadline; document the defect and time periods.[1]
- Which court handles eviction claims?
- The local court (Amtsgericht) is usually responsible for tenancy disputes and eviction claims; procedural rules can be found in the ZPO.[2]
- Where can I find help with court contacts?
- Use the official justice guides for contact details and responsibilities of your local courts.[3]
How-To
- Prepare a written defect notice, describe the damage and set a deadline.
- Collect evidence: photos, witnesses, date and time.
- If there is no response, follow up by registered letter within the deadline.
- If necessary, file a claim at the local court; observe procedural deadlines under the ZPO.[2]
- Contact local advisory services or the justice system for forms and appointments.[3]
