Prove Elevator Outage for Tenants in Germany
As a tenant in Germany, a prolonged elevator outage can seriously disrupt daily life. Photos with timestamps, written defect notifications and clear documentation are often crucial to enforce a rent reduction or demand repairs. This guide explains which images you should take, how to report defects formally and which forms or courts are responsible. It contains practical sample wordings, concrete action steps and advice on how to use evidence in the local court so you as a tenant can assert your rights factually and within time limits.
Why photos are important for elevator outages
Photos document the condition and duration of an elevator outage. Use the camera with enabled timestamp or save original images with metadata. Supplement pictures with short notes including date, time and names of witnesses. Many tenancy claims are based on proof of a persistent defect under the BGB[1].
- Photo of the visible fault in the elevator (display, error message, official notices).
- Photo of maintenance schedules or outage times on displays or at the entrance.
- Wide shot of the elevator shaft or entry area if there is visible damage.
- Photos of notices, caretaker messages or digital outage announcements.
Detailed documentation increases your chances of success in rent reduction or legal actions.
Defect notification and template letters
Always write the defect notification in writing and include the key evidence: date, precise description, attached photos and a clear deadline to remedy the defect. As a template, the "Termination letter / sample letters" of the Federal Ministry of Justice can serve as a model for formal letters[3]. The legal basis for rent reduction and landlord obligations are §§ 535–580a of the BGB[1].
Send the defect notification by email and additionally by registered mail if the defect is serious.
What to record photographically and in writing
- Clearly note date and time of each recording or rely on metadata.
- Collect photos from affected days and repeated outages.
- Keep copies of the defect notification and all responses from the landlord.
- Record names and contact details of witnesses.
Respond promptly to any landlord replies to avoid missing deadlines.
Frequently Asked Questions
- When can I reduce the rent?
- Rent reduction is possible if the elevator is significantly impaired in usability. The amount depends on the extent and duration of the defect; check the legal basis in the BGB and document outage times.
- How do I report the defect correctly?
- Send a written defect notification with description, photos and a deadline for remediation. Keep proof of sending.
- Where do I go if the landlord does not respond?
- If there is no response, you can assert rent reduction from the expiry of the set deadline or file a lawsuit at the local court; the Amtsgericht is usually the first instance for tenancy disputes.
How-To
- Take photos immediately with timestamps and secure the original files.
- Create a written defect notification with photos attached and request the landlord to remedy the defect within a reasonable deadline.
- Set a clear deadline and document whether the landlord responds or arranges repairs.
- If the landlord does not react, consider rent reduction and prepare to file a claim at the competent local court, including all evidence.
Key takeaways
- Secure photos with metadata and keep original files.
- Send the defect notification in writing and set a clear deadline.
- Use the local court if necessary and document every step.
Help & support
- Bürgerliches Gesetzbuch (BGB) and tenancy law
- Federal Court of Justice (BGH) – case law information
- Federal Ministry of Justice – forms and templates
