Prove Elevator Outage 2025: Tenant Rights in Germany

What counts as proof of an elevator outage?

For credible presentation you should collect several independent pieces of evidence: date, duration, impact on daily life or health, and responses by the landlord. Documentation strengthens your position in a rent reduction or later lawsuit.

• Photos or videos of display panels, error messages and the closed elevator.
• Screenshots of property management emails or notices in the stairwell.
• A neighbor's statement or a written witness account from affected neighbors.
• Date and time entries for start and end of the outage (logbook or smartphone timestamps).
• Repair reports, invoice copies or confirmations from the maintenance company.

Practical steps: How to document correctly

Start immediately after noticing the outage with a clear, dated record. Note every relevant observation and back up digital evidence in multiple copies. As soon as possible, send a formal notice to the landlord by e-mail and, if necessary, also by registered mail.

• Immediately note date and time, ideally with photo or video timestamp.
• Send a written request to the landlord and set a deadline (e.g., "Please repair within 7 days").
• Document phone calls: date, time, names of interlocutors and a short note on the conversation.
• Collect all evidence of actions by property management or technicians.

Template: Short letter to the landlord

Subject: Elevator outage in the building, report and deadline for repair

Dear Mr./Ms. [Landlord Name],

Since [date, time] the elevator at [address/house number] has been out of order. I have attached [photos/video] as proof and ask you to arrange the repair within 7 days. The restriction significantly affects my daily life, especially because I [e.g., have mobility issues/young children]. Please confirm receipt of this message and let me know what steps are planned.

Sincerely,
[Your name, address, phone number]

When is rent reduction applicable?

If there is a substantial impairment of the usability of the apartment (for example during a multi-day outage, limited access for elderly or mobility-impaired tenants), a proportional rent reduction may be possible. The legal basis is found in the German Civil Code (BGB) on obligations and reduction.^[1]

• Document the extent and duration of the outage, then calculate a proportional reduction.
• Announce the reduction formally and justify it in writing before withholding payment.
• Keep communications with the landlord as evidence.

If the landlord does not respond: legal steps

If the landlord does not respond or refuses a reasonable solution, tenants can sue at the competent local court (Amtsgericht). In rental disputes the Amtsgericht is the first instance; higher courts are the Landgericht and the Federal Court of Justice (BGH) for fundamental legal questions.^[2][3]

Example: Building a dossier for court

• Chronological listing of all incidents with date and time.
• All received responses and repair confirmations.
• Copies of written reminders and any rent reduction steps taken.
• Witness statements from neighbors, if relevant.

Frequently Asked Questions

How high can the rent reduction be for an elevator outage?

The amount depends on duration and severity of the impairment; there is no automatic percentage rule, so case-by-case assessment is important.

Can I reduce the rent without notice?

It is advisable to announce the reduction in writing and inform the landlord before reducing payments.

Do I have to grant the landlord access for repairs?

Yes, the landlord may schedule necessary access to remedy defects if announced in time.

How-To

1. Immediately record date and time of the outage and take photos or videos.
2. Send a written defect notification to the landlord with a deadline (e.g., 7 days).
3. Document all responses by phone or e-mail and save them.
4. If necessary, announce an appropriate rent reduction in writing and justify it.
5. If no solution is reached, prepare your dossier for a claim at the local court.

Key Takeaways

• Early and comprehensive documentation protects your tenant rights.
• Written notices with deadlines are crucial before withholding rent.
• The local court can assist in unresolved cases; prepare evidence carefully.

Help and Support / Resources

• BGB and other laws: Gesetze im Internet
• Decisions of the BGH on tenancy law
• Federal Ministry of Justice: forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §535 — Duties of the landlord
2. [2] Competence of local courts — Justice portal
3. [3] Federal Court of Justice (BGH) — tenancy law rulings