Shared Flat in Dorm: Tenant Rights in Germany
Many tenants in Germany live in special housing forms such as a shared flat in a dorm and have specific questions about rights, repairs, service charges and termination. This article explains in plain language the duties landlords and tenants have, how to report defects, which deadlines apply and when a rent reduction or legal action is possible. I present practical steps for organising a shared flat in a dorm, list official forms and explain which courts are competent. The aim is to give you confidence in decision-making and to help resolve conflicts fairly and legally. Read on for a checklist, sample defect notices and tips on preserving evidence so you can better enforce your rights in negotiations or in court.
Rights and Duties
The central rules of tenancy law are found in the German Civil Code (BGB) §§ 535–580a[1]. These cover obligations such as the provision of living space and maintenance. For court proceedings the Code of Civil Procedure (ZPO)[2] applies, and important decisions on tenancy law are published by the Federal Court of Justice (BGH)[3].
- Rent (rent): Check agreed payment obligations, due dates and payment method.
- Repairs (repair): Landlord's duty to maintain and fix defects.
- Forms (notice): Keep written defect notices, termination letters and claim forms ready.
- Evidence (evidence): Collect photos, messages and receipts as proof.
- Court (court): Local court for tenancy disputes, appeals to higher courts, BGH for precedent.
Reporting Defects and Rent Reduction
If heating, water or other facilities fail in the flat, report the defect immediately in writing by e-mail or letter with a deadline. A simple written defect notice should include: location and description of the defect, date of occurrence, demand for remedy and a reasonable deadline.
Before reducing the rent, check the requirements in the BGB and inform the landlord in writing about the reduction and its start date. If in doubt or if the landlord does not respond, consider legal steps and consult the competent local court.
Practical Organisation of a Shared Flat in a Dorm
Clear agreements help avoid conflicts: who pays which costs, how are repairs reported and how are keys handed over? Create a shared document that records rent, shares of service charges and responsibilities.
- Rent split (rent): Create a joint record of rent and service charge shares.
- Rules (notice): Put house rules and access rules in writing.
- Privacy (entry): Agree on key handover and visiting rules.
- Move-out (move-out): Agree on deadlines and final cleaning.
Legal Help and Courts
If talks do not help, a written demand by a lawyer or filing a claim at the local court may be necessary. The local court is the first instance for most tenancy disputes; appeals go to the regional court and BGH decisions set precedents.
Häufige Fragen
- Can I reduce the rent if the heating fails?
- Yes, under certain circumstances a rent reduction is possible. Report the defect in writing and set a reasonable deadline for the landlord to fix it.
- Am I liable for all damages in a shared flat?
- Liability depends on who caused the damage. A contractual agreement can clarify distribution of liability in shared responsibility cases.
- Which court handles tenancy disputes?
- Usually the local court; higher values or appeals involve the regional court and the Federal Court of Justice.
Anleitung
- Report defect in writing (notice): Describe date, place and impact and set a deadline of about 14 days.
- Collect evidence (evidence): Secure photos with dates, witness names and payment records.
- Check rent reduction amount (rent): Review comparable cases or ask a tenants' advice service.
- Consider court action (court): If no response, consider filing a claim at the local court.
- Seek help (call): Contact local advisory services or the court's legal aid office.
