Proving Elevator Failure: Tenant Rights in Germany

If the elevator in an apartment building fails, it affects the usability of the dwelling and can justify a rent reduction. As a tenant in Germany, you should document the failure carefully: date, time, affected floors, duration and especially clear photos of the elevator, damaged doors or warning signs. Photos alone do not always suffice; supplement them with short notes, witness statements or a log of repeated incidents. This approach helps to prove the defect to the landlord and, if necessary, to form the basis for a rent reduction or a lawsuit at the local court. Detailed steps, sample letters and notes on legal deadlines follow.

When is an elevator failure a defect?

An elevator failure exists when the elevator does not perform the contractual function and thereby restricts the usability of the apartment. Legal bases are found in the German Civil Code (BGB), especially concerning landlord duties in case of defects and rent reduction^[1]. It is decisive whether the defect is significant (e.g. loss of access to certain floors, danger from faulty doors) and whether it is persistent or only temporary.

How to take and secure photos

• Take photos of the elevator interior, control panel and error messages immediately.
• Capture close-ups of door damage, hinges or locks.
• Use timestamps or note date/time on the photo and record repeated incidents.
• Use witness photos or short videos as supplements, if possible with witnesses' names.
• Keep copies of written reports to the landlord and any responses.

Wording and deadlines

Notify the landlord in writing immediately about the defect, give the date, precise description and attach the photos. Request a reasonable deadline for repair and set a follow-up deadline if there is no response. Observe the legally relevant deadlines for defect notification and possible rent reduction; an unjustified or late notice can weaken your rights.

What to do if repairs are refused or failures recur?

If the landlord does not act or acts insufficiently, you as tenant can reduce the rent or have the defect remedied and claim costs back, provided legal conditions are met. For persistent problems, a lawsuit at the local court is possible; many tenancy disputes are decided there^[2]. In serious cases, a model letter or termination template from the Federal Ministry of Justice can help to act correctly in formal terms^[3].

FAQ

Can I reduce rent immediately if the elevator fails?

You can reduce the rent if the failure significantly restricts usability; the reduction amount depends on the degree of impairment and must be properly documented.

Are photos alone sufficient as evidence?

Photos are important but most effective combined with date/time, witness statements, written notification to the landlord and logs of repeated failures.

Where should I turn for persistent problems?

First write to the landlord, then consider advice from the local court or legal representation; gather all evidence and deadlines.

How-To

1. Take clear photos of the elevator, error messages and affected areas immediately.
2. Note date, time and duration of the failure in a log.
3. Write a formal defect notification to the landlord and attach the photos.
4. Document any conversations with building management or technical service.
5. If the defect persists, consider rent reduction or court action at the local court.

Help and Support / Resources

• Forms and templates of the Federal Ministry of Justice and Consumer Protection (BMJV).
• Laws Online: German Civil Code (BGB) §§535–580a.
• Federal Court of Justice (BGH) – tenancy law decisions.

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1. [1] German Civil Code (BGB) §535
2. [2] German Justice information on courts
3. [3] Federal Ministry of Justice and Consumer Protection (BMJV)