Using Bike Cellar: Tenant Tips Germany
Many tenants in Germany face practical questions about the bike cellar: who may use it, how parking spaces are allocated and what to do in case of damage or restrictions? This text explains tenants' rights and duties clearly and simply, names relevant legal provisions and shows how to communicate with property management and neighbors. You will receive concrete action steps, guidance on sample letters for damage reports or setting deadlines and information on when a court (local court) is responsible. The language remains understandable, examples practical and all legal references link to official sources.
Rights and Duties for the Bike Cellar
Tenants do not automatically have a claim to a parking space in the bike cellar unless the rental agreement or house rules provide otherwise. In principle, the general obligations from tenancy law (§§ 535–580a BGB) apply to communal rooms.[1] In the event of damage or loss it is important to document, inform the landlord and observe deadlines.
Practical Rules for Tenants
- Clearly mark your bicycle with a name or number.
- Do not store hazardous substances, oily spare parts or flammable items in the cellar.
- Carry out repairs so that neighbors are not disturbed.
- Comply with the house rules and, if necessary, obtain written consent for special uses.
If community rules are missing, request a clear regulation from the property management in writing and document the communication.
Liability and Insurance
The landlord is liable only if he has breached his duty of care. For stolen or damaged bicycles, the tenant's household insurance is usually responsible; check your policy. For communal damage: check records and remind the property management in writing of its obligations.
Dispute Resolution: Steps Before Court
Before pursuing a lawsuit, try written clarification, setting deadlines and possibly mediation. An eviction suit or civil lawsuit follows the rules of the Code of Civil Procedure (ZPO).[2] Competent for tenancy disputes is usually the local court; in a higher instance the regional court and, for precedent, the Federal Court of Justice.
Sample Forms and Practical Examples
Examples tenants can use:
- Termination letter (template) – if the parking space is part of a separate usage agreement; formulate clearly and with date.
- Damage report to the property management with photo attachments and a deadline for repair (e.g. 14 days).
- Evidence preservation: photos, witnesses, handover records when spaces are assigned.
Concrete templates and guidance can be found on official justice and federal ministry websites.[3]
FAQ
- May the landlord close the bike cellar or deny access to individual tenants?
- This is only permissible if the rental agreement, house rules or an effective agreement allows it; arbitrary closures are often not permissible.
- Who is liable if my bicycle is stolen in the cellar?
- Generally the tenant's household insurance; the landlord is liable only in case of culpable breach of duty.
- What to do if damaged by other tenants?
- Document, ask the alleged responsible party to compensate, inform property management and set a deadline; consider civil action if necessary.
How-To
- Document the condition of your bicycle and the parking space with date and photos.
- Send a written damage report to the property management and set a clear deadline (e.g. 14 days).
- Wait for the deadline; collect responses and records as evidence.
- If no solution is reached, notify the competent local court and consider litigation options in accordance with the ZPO.
Help and Support / Resources
- Civil Code (BGB) and laws — gesetze-im-internet.de
- Code of Civil Procedure (ZPO) — gesetze-im-internet.de
- Federal Court of Justice (BGH) — bundesgerichtshof.de