Organize Shared Living: Tenant Rights in Germany

As a tenant in a dormitory or shared flat you often balance community organization and tenancy obligations. This guide helps tenants in Germany organize a shared flat in a dorm without conflicts, handle repairs, modernizations and communication with the landlord in a legally secure way. I explain clearly which duties landlords and tenants have under the German Civil Code, how to report defects and meet deadlines, which forms are relevant and how to consult the local court if talks fail. The tips are practical and explain deadlines, evidence preservation and how to handle utility bills. This helps you avoid escalation and protect your tenant rights.

Practical Rules for Shared Flats and Dorms

First clarify responsibilities in the tenancy agreement and house rules. Landlord duties such as maintenance, heating and water supply and accounting obligations arise from the German Civil Code (BGB).^[1] Document defects, report them in writing, and set clear deadlines and internal WG communication.

• Observe deadlines (deadline): Set a time limit of, for example, 14 days for defect reports and record it in writing.
• Review the lease (rent): Check clauses on subletting, modernization and utilities.
• Document repairs (repair): Photograph damage and note the date and time of the report.
• Keep written requests and responses (form): Save emails and letters as evidence.

Plan Modernizations Legally

Plan modernizations in consultation with the landlord and check whether consent is required. Check for small repair clauses in the lease and the rules for passing on modernization costs. If in doubt, the local court can help as the competent authority in tenancy matters or, at higher levels, the Regional Court and the Federal Court of Justice for precedent.^[1][3]

Communication and WG Rules

Clear house rules and a single contact person for the landlord reduce conflicts. Establish rules for visitors, cleaning, noise and the use of shared spaces in writing. Keep a copy of the current lease so all residents know their rights and duties.

• Name a contact person (call): Designate a contact for landlord questions.
• Organize evidence preservation (document): Create a photo and log archive for defects.
• Respect privacy (entry): Agree on visitor and access times in writing.

FAQ

Who is responsible for repairs in the shared flat?

Generally, the landlord is responsible for maintenance; see §§ 535–580a BGB.^[1]

Can the landlord carry out modernizations without consent?

Modernizations must be announced and may require consent or notification; read your lease and document objections.

Where should I turn if discussions fail?

In disputes, the local court (Amtsgericht) is responsible; procedural rules are set out in the ZPO.^[2]

How-To

1. Document the damage (deadline): Photograph defects and note date and time.
2. Report defects in writing (form): Send a formal defect notice by email or registered letter to the landlord.
3. Collect evidence (document): Gather messages, photos and witness statements in case of escalation.
4. Check legal options (court): If there is no response, consult the local court or seek legal advice.^[2]

Key Takeaways

• Clarify responsibilities in writing and early on.
• Documentation increases legal security for defects.
• Maintain a central contact list for landlord communications.

Help and Support

• German Civil Code (BGB) – provisions on tenancy
• Code of Civil Procedure (ZPO) – court procedures
• Federal Court of Justice (BGH) – case law on tenancy

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions on tenancy law
4. [4] Federal Ministry of Justice and Consumer Protection – information and service