Basement Fire Safety: Tenant Rights in Germany

As a tenant in Germany, you should know how basement fire safety works and which rights and duties you and your landlord have. Basements are often storage and utility spaces; many fire risks arise from electrical devices, heating systems and flammable items. This text explains in plain language which precautions tenants can take, how to report defects, which deadlines and evidence are important, and which authorities or courts to contact. You will also find notes on official forms and concrete steps, for example how to document a hazard report or prepare a rent reduction. The information refers to the legal situation in Germany and names relevant paragraphs and courts.

Why basement fire safety matters

Basements often serve as shared storage rooms, utility rooms or boiler rooms. Faulty electrical devices, improperly stored paints or oil residues increase the risk of fire. Limited firefighting options and narrow escape routes make evacuation difficult in an emergency. Prevention reduces damage for tenants and protects property.

Rights and duties of tenants and landlords

The landlord is obliged to keep the rented property in a condition suitable for contractual use and to take necessary safety measures (BGB §§ 535–536).^[1] Tenants must report damage and hazards without delay and must not remove safety-related equipment on their own.

Practical measures for tenants

• Check smoke detectors (safety) — test monthly and report failures immediately.
• Keep escape routes clear (safety) — do not block corridors with boxes or furniture.
• Report defective sockets and electrical devices (repair) — do not repair yourself unless qualified.
• Do not store open flames near flammable substances (safety) — keep paints, solvents and oils separated and in approved containers.
• Secure evidence (record) — take photos, note dates and witnesses when you report a hazard.

What to do with defects or acute fire hazards

If you find a defect or a hazard, inform the landlord immediately in writing and request remediation with a reasonable deadline. If the landlord does not respond, tenants can consider further steps: rent reduction, commissioning a remedial action or reporting to the fire department or the responsible public order office. For legal proceedings, the local court (Amtsgericht) is competent; procedural rules are in the Code of Civil Procedure.^[2]

Forms and examples for tenants

Many measures do not require a prescribed form but it is sensible to have written proof. Typical cases:

• Termination of the tenancy (can be informal) — example: you terminate if the landlord does not remedy serious fire defects despite a deadline.
• Written defect notice (notice) — state date, location in the basement, type of hazard, requested deadline for remediation.
• Report to the public order office or fire department (notice) — in case of acute danger to people.

FAQ

Who pays for fire safety measures in the basement?

In principle, the landlord is obliged to keep the rented property in a safe condition. Minor maintenance may be contractually assigned to the tenant; check your lease and document defects.

Can I reduce the rent if the basement is unsafe?

Yes, if the usability is significantly impaired, you can reduce the rent. Inform the landlord in writing, set a deadline for remediation and keep evidence.

Which court do I contact for an eviction lawsuit?

For tenancy disputes and eviction lawsuits, the local court (Amtsgericht) is responsible; in appeals the regional court (Landgericht) and for legal questions the Federal Court of Justice (BGH).^[3]

How-To

1. Document the hazard with photos and a written record (record).
2. Contact the landlord immediately by email and registered mail (contact).
3. Set a reasonable deadline for remediation (safety) — commonly 14 days depending on urgency.
4. If there is no reaction: inform the public order office or fire department and consider commissioning specialists (repair).
5. As a last resort: seek legal advice and, if necessary, file a lawsuit at the local court (court).

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Bundesgerichtshof (BGH) — Entscheidungen

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de