Proving Elevator Failure for Tenants in Germany

An elevator outage especially affects tenants in multi-storey buildings. When the lift stops working, it impacts daily living, accessibility and sometimes hot water or heating supply. This guide explains how you as a tenant in Germany can document an elevator failure objectively, which evidence is important and how to assert rights such as rent reduction or compensation. I describe practical steps: how to collect photos, communication logs and witness statements, notify the landlord properly and which deadlines to observe. At the end you will find an FAQ, a step-by-step guide and official links to legal texts and forms.

What to do when the elevator fails?

First, document the condition of the elevator as completely as possible. Note the date and time of the outage and record recurring malfunctions. Notify the landlord in writing and request confirmation or a repair deadline. In many cases § 535 BGB applies to the landlord's duty to restore the rental property to contractual condition.^[1]

Important evidence to collect

• Photos and videos of the elevator, including error codes and door positions (evidence).
• Date and time of each malfunction documented, e.g. logbook or timestamped notes (time).
• Correspondence with the landlord by e‑mail or registered mail; keep replies and delivery confirmations (evidence).
• Witness statements from neighbours or the janitor confirming outage times (contact).
• Invoices or reports from elevator companies after repairs to document duration and cause (repair).

If the outage significantly restricts the quality of living, rent reduction may be an option. Check case law and document the impairment carefully before calculating a reduction.

Deadlines and forms

Tenants should give the landlord a reasonable deadline to remedy the defect and document this deadline. If there is no response, legal steps may follow; the payment order (Mahnverfahren) or a claim in court are typical procedures under the Code of Civil Procedure.^[2]

FAQ

Can I reduce the rent because of an elevator outage?

Yes, if the use of the apartment is significantly restricted, a proportional rent reduction may be possible; the amount depends on the duration and severity of the impairment.

How should I best document an elevator outage?

Collect photos, timestamps, correspondence with the landlord, witness statements and repair invoices.

Which court do I turn to in case of disputes?

Rental disputes are generally handled by the local court (Amtsgericht); higher instances are regional courts and the Federal Court of Justice for legal questions.

How-To

1. Document: Create a log with date and time as well as photos or videos (notice).
2. Notify: Send the landlord a written defect notice and request a repair deadline (contact).
3. Collect evidence: Keep invoices, technician reports and witness statements (repair).
4. Set a deadline: Specify a reasonable deadline for remedy and document the deadline end (time).
5. Next steps: If the problem persists, consider rent reduction or court action at the local court (court).

Help and Support / Resources

• § 535 BGB – Landlord duties (Gesetze im Internet)
• Code of Civil Procedure (ZPO) – procedural rules (Gesetze im Internet)
• Justice portal – forms and court information (Justiz)

1. [1] § 535 BGB – Pflichten des Vermieters (Gesetze im Internet)
2. [2] ZPO – Zivilprozessordnung (Gesetze im Internet)
3. [3] Justizportal – Formulare und gerichtliche Informationen (Justiz)