Tenants: Managing Shared Kitchens in Germany

Many tenants in special housing forms share communal kitchens with other residents. This guide explains clearly and practically which rights and obligations tenants have in Germany, how administration and house rules are legally classified, and which steps help with repairs, cost allocation or disputes. I explain which laws apply, when a rent reduction is possible and how to prepare formal letters. The aim is to give you understandable action steps – from documentation and reporting defects to clarification before the local court. The notes are general; important forms and further court information are linked at the end. Read on for practical templates, deadlines and how to securely collect evidence.

Rights and Obligations

The German Civil Code (BGB) fundamentally governs the main duties of landlord and tenant, such as maintenance obligations and the use of the rented property ^[1]. For communal kitchens, this means: the kitchen must remain in a condition suitable for contractual use; disruptions that limit usability can justify a rent reduction if the landlord does not remedy them within a reasonable period.

Administration, House Rules and Costs

House rules and internal regulations can organize coexistence but do not replace mandatory legal obligations. Operating costs for communal areas and heating costs must be allocated according to the Operating Costs Ordinance and the Heating Costs Ordinance ^[3][4]. Request transparent statements and ask for supporting documents if costs are unclear.

• Request a written operating cost statement and check the supporting documents.
• Clarify usage, cleaning and shopping rules with the property management and housemates.
• If unclear, record dates and expenses to support later disputes.

Repairs and Defects

If a defect occurs, report it to the landlord in writing immediately and set a reasonable deadline for remediation. Document defect, time and consequences with photos and witnesses. If the landlord does not respond, a rent reduction may be considered and, in extreme cases, legal action at the local court may be necessary ^[2]. Important decisions by the Federal Court of Justice (BGH) often clarify when reduction or compensation is possible ^[5].

• Document the defect immediately with photo and date.
• Send a written defect notice to the landlord and set a deadline for remediation.
• If nothing happens after the deadline, consider rent reduction or external support.
• For court proceedings, the local court is the first point of contact; prepare evidence and a chronology.

Documents and Forms

Relevant forms and sample letters help to observe deadlines and formal steps. Typical forms and templates tenants use include:

• Termination letter (sample from the Federal Ministry of Justice) – used for ordinary or extraordinary termination; include contract details and handover date ^[6].
• Defect notice / request for defect remediation – state the defect, date, deadline (e.g. 14 days) and desired remedy; example: "Please remedy the water damage by DD.MM.YYYY".
• Rent reduction letter – document scope, period and reason for the reduction; state the percentage based on usage restriction.

FAQ

Can the landlord restrict the use of the communal kitchen?

The landlord can set rules for use as long as they are proportionate and do not conflict with the rental agreement. Changes that significantly restrict basic use may raise legal issues. Check the house rules and rental contract.

When can I reduce the rent?

A rent reduction is possible if the usability of the rented property is impaired and the landlord does not act within a reasonable period after notification of defects. Documentation and setting a deadline are important.

Where can I turn for persistent conflicts?

Try mediation with the landlord or property management first. If unsuccessful, the local court may be competent; legal advice or tenant associations can help.

How-To

1. Describe and photograph the defect immediately.
2. Send a written defect notice to the landlord with a concrete deadline (e.g. 14 days).
3. Collect receipts, messages and witness statements as evidence.
4. If there is no response, consider rent reduction or involving a conciliation board.
5. As a last resort: prepare proceedings before the competent local court and submit all evidence.

Help and Support / Resources

• German Civil Code (BGB) and other laws – gesetze-im-internet.de
• Decisions and information of the Federal Court of Justice (BGH) – bundesgerichtshof.de
• Information on courts and jurisdictions – justiz.de
• Forms and guidance from the Federal Ministry of Justice – bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Amtsgerichte und Zuständigkeiten — justiz.de
3. [3] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
4. [4] Heizkostenverordnung (HeizKV) — gesetze-im-internet.de
5. [5] Entscheidungen des Bundesgerichtshofs (BGH) — bundesgerichtshof.de
6. [6] Formulare und Hinweise des Bundesministeriums der Justiz — bmj.de