Accessible Evacuation Plan: Tenants in Germany
Why documentation matters
If an evacuation plan in an older building is not accessible, this may indicate a breach of the landlord's duties. Under the German Civil Code, the landlord has maintenance and safety obligations that can apply to safety defects[1]. Without clear documentation, deadlines, damages and responsibilities are hard to prove, which complicates later complaints or legal action.
What you should document
Systematically record all notes about the evacuation plan, condition and concrete obstacles.
- Photos and videos with date and time as evidence
- Date, time and duration of observations or obstructions
- Notes on conversations with the landlord, caretaker or neighbors
- Copies of letters, e‑mails and official notices
- Details of missing or defective aids (e.g. ramps, handrails)
Practical checklist for tenants
Use this simple order so that your documentation remains usable.
- Create photos/videos immediately and name files with the date
- Inform the landlord in writing (e‑mail or registered mail) and set a deadline
- Record deadlines and response dates
- Name witnesses and record their statements
- If not remedied, consider legal action and inform the competent local court[3]
Forms and legal steps
For formal steps, the rules of civil procedure apply; lawsuits or applications are filed at the local court, often using standardized forms or templates under the Code of Civil Procedure[2]. In your letter to the landlord, name the specific defect, propose a deadline for remedy and attach your evidence. If you need help completing forms, information is available from the Federal Ministry of Justice and Consumer Protection on procedural questions and forms[4].
FAQ
- Can I reduce the rent if the evacuation plan is defective?
- Yes, if the usability of the flat is significantly impaired by lack of accessibility, a rent reduction may be possible; document the extent and duration of the defect.
- Who should I report the defect to first?
- Contact the landlord or property manager in writing first and set a reasonable deadline for remedy.
- Which court is competent if it goes to court?
- For tenancy disputes, the competent local court (Amtsgericht) is usually responsible in the first instance; higher courts may follow depending on the value in dispute[3].
How-To
- Record the defect with date, time, photos and a short description.
- Send a formal defect notice to the landlord with a deadline and attach evidence.
- Collect witness statements and secure additional evidence.
- If there is no improvement, consider filing a lawsuit at the local court; use official forms and judiciary guidance.