Tenants: Shared Kitchens in Germany

Many housing arrangements in Germany share kitchens and equipment. As a tenant it is important to know which rights and duties apply to shared kitchens, how fair use can be arranged and what steps are possible in case of defects or conflicts. This text explains in practical terms which rules from tenancy law apply to shared kitchens, how documentation and deadlines help, and which authorities and courts are responsible for disputes. It also provides examples of clear agreements, notes on operating and heating costs and the most important forms and legal bases. The goal is for tenants in Germany to represent their interests factually and resolve conflicts without escalation whenever possible.

What are shared kitchens?

Shared kitchens are communal kitchens in shared apartments, student residences or special residential forms where several tenants have access to stove, sink and storage. Use, cleaning and cost allocation should ideally be regulated in writing to avoid misunderstandings.

Tenants' rights and duties

Tenants retain the right to use the leased property and to protection against health hazards; the landlord has maintenance and safety obligations under tenancy law (^[1]). Special rules apply to operating and heating costs, which require a clear accounting when shared use is involved.^[3]

• Document damage and defects with photos and dates so you have evidence later.
• Set deadlines in writing when asking the landlord to carry out repairs.
• Clarify in writing how costs for cleaning supplies, electricity or replacement devices are shared.
• Regulate landlord or contractor access rights in writing to protect privacy.

Resolving conflicts: steps and relevant forms

Start with a factual discussion and written agreements. If measures are necessary, formal letters or a lawsuit may be required; the complaint is governed by the rules of the Code of Civil Procedure.^[2]

1. Termination letter (tenant) – there is no uniform official form, but the declaration should include date, address and termination date; example: "I hereby terminate the tenancy agreement as of [date]".
2. Written defect notification to the landlord – state the defect, location, date and set a reasonable deadline.
3. Complaint / eviction claim – filed at the competent local court, see the Code of Civil Procedure for form and content.^[2]
4. Operating cost statement – request a comprehensible statement according to the Operating Costs Ordinance.^[3]

Who decides in disputes?

Minor tenancy disputes are usually heard in the local court (Amtsgericht); appeals go to the regional court (Landgericht), and fundamental legal questions may be decided by the Federal Court of Justice.^[4]

FAQ

Can the landlord restrict use of the shared kitchen?

Yes, insofar as restrictions have been contractually agreed or are justified for safety and health. Unilateral, unreasonable bans are often contestable.

Can I refuse to use the kitchen or reduce rent for serious defects?

For significant impairments, a rent reduction is possible if the landlord does not remedy the defect in time; document the defect and inform the landlord in writing.

Which court do I turn to for an eviction claim?

Eviction claims are filed in the first instance at the competent local court; check local jurisdiction beforehand.

How-To

1. Describe and document the problem with photos and date.
2. Send a written defect notification to the landlord and set a deadline.
3. Wait for the deadline and collect further evidence if there is no response.
4. Seek legal advice or mediation options before filing a lawsuit.
5. If necessary, file a complaint at the local court and present your documentation.

Key takeaways

• Written agreements prevent many conflicts.
• Documentation is your most important evidence in disputes.
• Take deadlines seriously: they protect your rights.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Betriebskostenverordnung – Gesetze im Internet

1. [1] BGB §§ 535–580a bei Gesetze im Internet
2. [2] ZPO (Prozessrecht) bei Gesetze im Internet
3. [3] Betriebskostenverordnung bei Gesetze im Internet
4. [4] Bundesgerichtshof - Decisions