Tenant Consultation: Documents for WGs in Germany
What to bring to the initial consultation
- Copy of the lease (main and sublease agreements)
- Handover protocol for the apartment
- Proofs of payment (transfers, receipts)
- Utility bills and billing documents
- Photos or videos of damages and defects
- Correspondence with the landlord (emails, letters, SMS)
- List of flatmates and who moved in when
- Power of attorney if a flatmate attends the consultation on behalf of others
Relevant legal bases and deadlines
Many rights and obligations arise from the German Civil Code (BGB), especially regarding landlord and tenant duties and defect remedies.[1] Court procedures and deadlines are governed by the Code of Civil Procedure (ZPO).[2] Case law of the Federal Court of Justice (BGH) is relevant for interpretation and precedent.[3]
Official forms and templates (brief overview)
- Termination letter / sample termination text (example for formally correct termination wording)
- Complaint form / complaint for civil proceedings at the local court
- Forms for fee and cost evidence (if needed for legal aid)
Practical example: If a flatmate brings evidence of significant mold, copy the lease, handover protocol, all rent payments, and present chronologically ordered photos and email messages; a counselor can quickly assess whether rent reduction or defect remediation is appropriate (see BGB rights).[1]
How to structure your documents
- Create a table of contents for your folder with brief explanations of each document
- Number documents and reference page numbers in your notes
- Observe deadlines, e.g., for reporting defects or responding to terminations
FAQ
- Which documents are most important for a WG initial consultation?
- Primarily the lease, handover protocol, proofs of payment, photos of defects and correspondence with the landlord; provide copies to all advisers.
- Who can attend a consultation on behalf of the WG?
- Any tenant of the WG; if one person represents others, a written power of attorney should be present.
- When is legal aid (Prozesskostenhilfe) available?
- Legal aid may be granted if you are financially eligible; the relevant form is available from courts and justice portals.
How-To
- Collect and organize all contracts and receipts in a folder and make a table of contents
- Document defects with dated photos and back up the files
- Note all contacts with the landlord in chronological order
- Book an appointment with a tenant advice center or tenant association
- If necessary, seek on-site advice to determine whether court action is advisable
- Bring copies of key documents and a short chronology of events to the consultation
Help and Support / Resources
- Find laws online (BGB & ZPO)
- Federal Court of Justice (BGH) – judgments and guidance
- Information on courts and form templates (justice portals)