Proving Elevator Failure: Tenants in Germany

As a tenant in Germany, repeated or prolonged elevator outages can significantly reduce living quality, especially in shared flats. This article explains how to document an elevator failure on time, which evidence (photos, videos, service logs) is useful, and which deadlines to observe to claim rent reduction or damages. I outline practical steps for flatshares: who records, how to write a defect notice and which official laws and courts (BGB^[1], local court/Amtsgericht^[2]) are relevant. The tips help you resolve disputes with the property manager or prepare evidence for court.

What to do when the elevator fails?

First: stay calm and document systematically. The more precise the dates, times and circumstances, the stronger your case.

• Record the exact date and time of the outage
• Take photos and videos of the elevator and any error displays
• Report the defect in writing to the property manager (email or registered letter) and keep proof of sending
• Note names of witnesses and affected flatmates
• Request maintenance or fault reports and keep them

Forms and templates

Many steps can be sped up with simple templates and standard letters. Use samples sensibly and adapt them to your case.

• Termination letter template from the Federal Ministry of Justice — for proper notice if required
• Application for a payment order (Mahnbescheid) — for pursuing outstanding costs
• Complaint template for eviction or civil claims at the local court

Rent reduction rules are set out in §§ 535–536 of the BGB^[1]. For legal action the local court (Amtsgericht) is competent^[2] and procedural rules are in the German Code of Civil Procedure (ZPO)^[3].

FAQ

Can I reduce the rent if the elevator breaks down?

Yes, a rent reduction may be possible if the outage significantly impairs the usability of the dwelling; duration and severity determine the amount.

Which evidence is most important?

Date and time records, photos/videos, written reports to the property manager and witness statements are the most persuasive evidence.

Who decides the amount of the rent reduction?

The amount is assessed case by case; the local court decides in disputes.

How-To

1. Document immediately: date, time, location, photos and videos
2. Send a written defect notice to the property manager and request confirmation
3. Observe deadlines: note the date of receipt and respond within set timeframes
4. If the manager does not act: prepare documents for a lawsuit or payment order and contact the local court

Help and Support / Resources

• Gesetze im Internet – BGB §§535–536
• Justizportal – court forms and guidance
• Federal Court (BGH) – decisions and information

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1. [1] Gesetze im Internet – BGB §§535–536
2. [2] Justizportal – Information on local courts
3. [3] Gesetze im Internet – ZPO