Cellar Fire Safety for Tenants in Germany

As a tenant in Germany you must act decisively when there are fire-safety problems in the cellar: know the correct documents, note deadlines and understand which authorities to inform. This guide explains which records (e.g. defect notice, photos, letters to property management) are useful, how to meet deadlines and when to consider filing a report at the local court or alerting the fire brigade. It contains sample wording for a defect notice and guidance on landlord duties under § 535 BGB.^[1] The aim is to help families practically, reduce risks and resolve conflicts with landlords or authorities. Read on for checklists, deadlines and examples to be prepared in an emergency.

Which documents do you need?

To protect yourself and for possible legal steps, collect the most important evidence early.

• Defect notice to the landlord (written, dated, with proof of delivery)
• Photos and videos with date/time as documentation
• Correspondence with property manager or landlord (email, letter)
• Insurance documents (household, liability) and claims records
• Inspection records or maintenance reports, if available

Key deadlines and timing

Deadlines matter: report quickly, allow reasonable time for the landlord to react, and be aware of court timelines.

• Report danger: call the fire brigade immediately for active fire; otherwise inform the landlord promptly
• Defect notice: ideally send in writing within 2 working days and prove delivery
• Repair deadline: set a reasonable deadline (e.g. 14 days) and document it
• Court actions/eviction suits: follow procedural rules under the ZPO and typically begin by filing at the local court^[2]

How to write an effective defect notice

An effective notice sticks to facts: date, precise description of the issue, potential danger and the remedy deadline. Attach evidence photos and request written confirmation of receipt.

Sample text: "I hereby notify you on [date] of the following defect in the cellar: [description]. Due to fire risk I request remediation within 14 days. If not remedied I reserve the right to take further steps."

If the landlord does not respond

If there is no response, document missed deadlines and consider: rent reduction, reporting to authorities or filing suit at the local court. The legal basis for landlord duties is § 535 BGB.^[1] Procedural rules for actions and eviction follow the ZPO.^[2]

Practical tips for families

Families should prioritise emergency routes, safe storage of flammable items and explain evacuation plans to children. Request information from property management about extinguishers and escape routes.

FAQ

What should I do in case of active fire in the cellar?

If there is active fire: call the fire brigade immediately and warn other residents. Afterwards inform the landlord and document the incident.

What deadline should I give the landlord?

Give a reasonable deadline, often 14 days, and state the consequences if not remedied. Keep records of dates and how you sent the notice.

Can I reduce rent for fire-safety defects?

Rent reduction may be possible if the habitability of your dwelling is affected; check the legal situation and document defects carefully.^[1]

How-To

1. Assess danger and call the fire brigade immediately if there is active fire.
2. Take photos and videos with date/time and save them securely.
3. Send a written defect notice to the landlord and obtain confirmation of receipt.
4. Contact a hotline or local authority if uncertain about next steps.
5. If necessary: file suit or application at the competent local court.

Key Takeaways

• People safety is the top priority.
• Keep dated documentation of all defects and communications.
• Observe and prove deadlines to preserve your rights.

Help and Support

Official resources you can consult:

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) decisions

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1. [1] BGB §535 Bürgerliches Gesetzbuch (Landlord duties)
2. [2] ZPO Zivilprozessordnung (Procedural rules)
3. [3] Federal Court of Justice (BGH) decisions
4. [4] Federal Ministry of Justice (BMJ) - forms and information