Tenant Rights in Germany: Children in Shared Buildings

What are "children's rights in the residential environment"?

Children's rights in the residential environment include protection from hazards, the right to play within reasonable rules and above all a safe, healthy living environment. Landlords must keep the apartment habitable and eliminate dangers, such as pollutant or mold problems that especially affect children. These duties are part of tenancy law under the Civil Code ^[1].

Common conflicts and tenants' rights

Typical conflicts involve noise, stairwell safety, play areas and defects such as mold. Tenants have the right to reduce rent for significant defects, to require landlords to remedy hazards and to protection from unlawful disturbance by neighbors. If conversations with landlord or neighbors fail, written notices and possibly court action are options ^{[1] [3]}.

• Set a clear deadline for the landlord to fix the defect, for example 14 days.
• Collect evidence: photos, dates/times and, if available, witness statements.
• Send written defect notices or other official notices and document delivery.

Forms and templates (official sources)

Use official forms or sample letters to communicate deadlines and claims clearly. Example forms and guidance are available from federal authorities; template letters help with defect notices or termination drafts ^[4].

If the landlord does not respond: steps to court

If the landlord remains inactive, consider these steps: renew the deadline, calculate an appropriate rent reduction, commission an expert report and, as a last resort, file suit at the local court. Procedures follow the Civil Procedure Rules ^[2] and are typically handled in the first instance by the local court. Relevant BGH rulings can be decisive ^[3].

FAQ

Can I reduce my rent if children are endangered by mold?

Yes, for significant impairments like health-endangering mold a rent reduction can be justified; document the defect and set a deadline for remediation.^[1]

Who decides on neighborhood disputes in an apartment building?

Many disputes can be resolved by mediation or the landlord; persistent problems can be decided by the local court which may order remedies.^[2]

What does an effective defect notice look like?

An effective defect notice is written, describes the defect and consequences, names a concrete deadline for remedy and documents delivery; use official templates as guidance.^[4]

How-To

1. Report defects (repair melden) in writing with date, description and deadline.
2. Collect evidence: photos, witnesses, temperature or humidity readings.
3. Set a deadline (within 14 days) and document delivery.
4. Submit forms (use a form): Use official templates as a basis.
5. Court steps: File suit at the local court if no agreement is possible.
6. Seek advice: contact tenant advice or legal counsel early.

Help and Support / Resources

• Laws: BGB §§535–580a — tenancy law
• Procedure: ZPO — Civil Procedure Rules
• Federal Court of Justice (BGH) — case law on tenancy

1. [1] Civil Code (BGB), §§ 535–580a — gesetze-im-internet.de
2. [2] Civil Procedure Rules (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Federal Ministry of Justice (forms and guidance) — bmj.de