Dorm WG: Tenant Rights in Germany

Organizing a shared flat in a dorm raises practical questions for tenants in Germany: who is the contractual party, which house rules apply, and how to enforce rights for defects, repairs or terminations? This text explains in plain language the obligations of landlords and roommates, how to report defects in writing and meet deadlines, and when a trip to the local court (Amtsgericht) becomes necessary. Concrete action steps, sample wordings for written notices and pointers to relevant laws help you resolve conflicts early and secure your tenant rights. Use the checklists below and the links to official authorities for further formalities.

Rights and Duties in a Dorm WG

As a rule, the primary tenant or contract partner remains responsible to the landlord; roommates can be responsible by internal agreement. The landlord must maintain the rented property in an appropriate condition and remedy defects, § 535 BGB^[1]. Clear communication and written agreements are important, especially if the house rules include special dormitory regulations.

House Rules, Permissions and WG Regulations

The dorm house rules determine many daily rules (usage times, common rooms, guests). A differing WG arrangement often requires the landlord's consent. Check whether your WG contradicts the lease or whether written permission is necessary.

• Obtain written consent (notice).
• Observe registration or notification deadlines (deadline).
• Name a contact person in the dorm (call).

Defects, Repairs and Rent Reduction

Report defects to the landlord without delay; ideally in writing with photos and dates. Documentation serves as evidence for later rent reduction or court actions. The legal bases are found in the BGB; procedural rules apply under the ZPO.^[1][2]

• Secure photos and dates (evidence).
• Report defects in writing with a deadline (notice).
• Report emergencies immediately, e.g. heating failure or burst pipe (repair).

Termination, Eviction and Court Proceedings

Terminations must meet formal requirements and deadlines; termination must be in writing. If eviction proceedings arise, local courts (Amtsgerichte) handle most cases; appeals go to Landgerichte and, in certain cases, the Federal Court of Justice (BGH).^[2][3]

• State termination reasons in writing (notice).
• For eviction suits: check filing at the local court (court).
• Observe decision deadlines and possibilities to object (deadline).

Forms and Templates (official or practical)

There is no single nationwide mandatory form for a proper termination by a tenant, but there are formal requirements under the BGB. For court procedures and payment orders, standardized forms and templates are available via judicial authorities. If no official template exists, use a written termination or defect notice including date, precise description of the defect, deadline for remedy and your signature.

• Termination letter: no single official form, but always in writing with signature (notice).
• Defect notice: describe the defect, attach photos and set a reasonable deadline (notice).
• Court applications: use the court forms provided by the justice portal for claims or payment orders (notice).

Practical Example: Sample Wording

Short defect notice example: "I hereby report the following defect: [description]. Photos attached. Please remedy the defect by [date, e.g. 14 days]." Sample termination (tenant): "I hereby terminate the tenancy at the earliest possible date. Please confirm receipt in writing." Such formulations reduce misunderstandings later.

FAQ

Who is the contract partner in a WG towards the landlord?

Often a principal tenant or the dorm operator is the contract partner; roommates are only independently liable if they have separate contracts.

Can house rules prohibit WG arrangements?

Yes, house rules can restrict certain uses; permanent deviations usually require landlord consent.

When can I reduce the rent?

When significant impairments of usability occur, you may reduce the rent under the BGB rules if you informed the landlord beforehand.

How-To

1. Document defects immediately with photos, date and location (evidence).
2. Send a written defect notice by email and registered mail or postal letter (notice).
3. Set a reasonable deadline for remedy (e.g. 14 days for acute problems) (deadline).
4. If the landlord does not react, consider legal steps at the local court or seek legal advice (court).

Help and Support / Resources

• Gesetze im Internet – BGB, ZPO and other laws
• Federal Court of Justice (BGH) – case law
• Federal Ministry of Justice and Consumer Protection – information and service

1. [1] German Civil Code (BGB) § 535 et seq. — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Federal Ministry of Justice and Consumer Protection — bmjv.de