Proving Elevator Failure: Tenant Rights in Germany

As a tenant in Germany, a prolonged elevator outage can significantly reduce your quality of life. This text explains how to systematically document the elevator failure, which pieces of evidence (photos, videos, maintenance logs, defect notices) help, and which deadlines must be observed when claiming rent reduction or damages. I describe practical steps for submitting forms, communicating with the landlord, and preparing for a possible procedure before the local court. I also name official forms and links to relevant statutory provisions in the BGB so you can assert your rights factually and transparently. The instructions are aimed at non-lawyers and provide clear options for acute and recurring outages. If possible, inform the property management in writing and request written confirmation of receipt. This guide also shows which documents you should present to the court.

What to do in case of elevator failure?

Act quickly: prompt documentation and timely defect notification to the landlord are crucial. State the date, time, duration of the failure and the concrete impact on your use of the apartment.

• Take photos and videos of the outage and error messages.
• Record date, time and duration in a log.
• Send a written defect notice to the landlord and obtain written confirmation of receipt.
• Name witnesses and secure contact details (neighbors, caretaker).

Documentation and evidence

Collect all documents in one place: photos, videos, messages to the landlord, maintenance logs and receipts. Label files with date and time and keep written records of communication with the property manager.

• Collect maintenance reports or caretaker notes.
• Receipts or invoices for repairs and switching work.
• Copies of emails and letters to the landlord (defect notice).
• Photos/videos with timestamps and, if applicable, witness statements.

Deadlines and legal basis

The obligations of landlord and tenant are derived from the Civil Code (BGB); important tenancy provisions are in §§ 535–580a.^[1] Court procedures are governed by the Code of Civil Procedure (ZPO).^[2] Case law of the Federal Court of Justice (BGH) may be relevant for interpretive questions.^[3] Reporting without delay and observing deadlines is important, for example if you want to claim rent reduction or damages.

FAQ

Can I reduce the rent if the elevator fails?

Yes, under certain conditions a rent reduction is possible. The extent and duration of the impairment and whether the landlord knew of the defect or could have remedied it quickly are decisive. Documentation and timely defect notice are prerequisites.

How do I formulate a defect notice correctly?

Describe date, time, concrete consequences (e.g. lack of barrier-free access), attach evidence and request written confirmation of receipt.

Where can I turn if the landlord does not respond?

First contact the property management or owner in writing. If there is no response, you can consider legal action and rely on the BGB provisions or consider proceedings before the local court.

How-To

1. Document the outage within 24 hours and secure photos/videos with date/time stamps.
2. Send a written defect notice to the landlord and request confirmation of receipt.
3. Collect maintenance logs and notices from the elevator operator.
4. Set a reasonable deadline for response and consider legal steps if there is no reaction.
5. In case of dispute: organize documents, make copies and, if necessary, prepare a claim for the competent local court.

Help and Support / Resources

• BGB §§ 535–580a (Tenancy law) — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de