CO Detectors in Old Buildings: Tenants in Germany

Many tenants in Germany live in older buildings without fixed CO detectors or with unclear responsibilities. This text explains clearly when you as a tenant can demand a CO detector, what duties the landlord has and how to document incidents and measurements properly. You will learn which pieces of evidence are important (photos, protocols, correspondence), how to meet deadlines and which forms or reports can become relevant in court. Practical steps help to ensure health protection and preserve legal claims, for example in rent reduction or court clarification at the local court. The guidance is based on relevant sections of the BGB ^[1] and procedures in local courts. Forms and authority contacts are listed at the end.

What applies legally?

The Civil Code (BGB) regulates the landlord's duty to hand over and maintain the rental property in a condition suitable for contractual use. Issues with carbon monoxide (CO) can impair the usability of the dwelling; therefore documentation is important if you want to assert claims. For procedural steps, the Code of Civil Procedure (ZPO) is decisive for lawsuits and evidence collection.^[2]

Landlord obligations

Landlords are required to eliminate hazards promptly and keep the dwelling safe. Depending on the state building regulations and the individual case, this may include the obligation to install or provide CO detectors or suitable warning systems.

• Landlords must identify hazards and take measures to mitigate risks.
• Installations or maintenance work must be carried out by qualified personnel.
• In case of acute danger, immediate action is required, including informing tenants.

How to document CO incidents in old buildings?

Good documentation increases the chances that your claims will be recognized. Collect evidence systematically and record time, place and symptoms. Keep every communication with the landlord and third parties.

• Take and secure photos of measuring devices, meter readings or visible defects.
• Record date, time and any health symptoms in a log.
• Send correspondence by e-mail and also by registered mail; keep copies.
• Obtain and archive independent measurements or fire brigade reports as evidence.

If you report defects, a simple written letter is usually sufficient (notice of defect). For legal steps such as an eviction claim or a claim to enforce protective measures, the rules of the ZPO apply.^[2] Courts of first instance are often the local courts; higher courts are relevant for legal precedent.^[3]

Practical templates and forms

There are no nationwide mandatory forms for a notice of defect; however, a clear written letter is necessary. For legal steps, formal requirements of the ZPO and the respective registry of the local court apply.

• Written notice of defect (own letter): state date, location, observations and request action within a clear deadline. Example: "Please remedy the CO defect by [date]".
• Eviction claim / claim to enforce protective measures: These steps follow procedural rules under the ZPO and are filed with the local court.^[2]
• Filing a lawsuit and deadlines: Clarify jurisdiction and procedures with the competent local court or the state judiciary authority.^[3]

What to do in case of acute danger?

1. If suspected, ventilate rooms immediately, remove affected persons and call emergency number 112.
2. Call the fire brigade or emergency service and request an official report.
3. Inform the landlord immediately and secure copies of reports and photos.
4. Obtain medical certificates for health issues and keep them as evidence.

FAQ

Who pays for the CO detector in an old building?

In many cases the landlord is responsible; check your state building regulations and the rental agreement. [1]

Can I reduce the rent if there is no CO detector?

Yes, in some cases if there is a significant impairment of usability; document defects, set deadlines and inform the landlord in writing.

Where do I turn in case of an eviction claim?

Eviction claims are heard at the local court; contact the competent local court or local tenant advisory services. [3]

How-To

1. Check safety and document symptoms.
2. Inform the landlord in writing and set a deadline.
3. Collect evidence: photos, reports, medical certificates and service records.
4. If no remedy is provided, consider legal action at the local court.

Key takeaways

• Detailed documentation strengthens your position with the landlord and in court.
• Written defect notices and clear deadlines are essential evidence.
• In emergencies, prioritize health and emergency services, then secure documentation.

Help and Support

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

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH)