CO Detectors in Old Buildings: Tenant Rights Germany
As a tenant in Germany, you should know when a CO detector is required in an older building and how to act if you suspect carbon monoxide. This text clearly explains your rights, typical landlord duties, practical inspection and reporting steps, and deadlines. You will learn how to document damage, which official forms and contacts are relevant, and when administrative or court clarification (local court) may become necessary. The aim is to give you clear options to act quickly and safely — from immediate measures in danger to a formal defect report.
Who is responsible?
As a tenant in Germany, the landlord is often responsible for installing and maintaining CO detectors, especially when they are connected to the heating system or the building supply. Defects in living space must be remedied under the Civil Code[1], and obligations for hazard prevention can derive from state building codes or technical rules.
Inspect and act on suspicion
If you notice carbon monoxide odors or symptoms like headache, dizziness or nausea, act immediately and avoid further risks.
- Immediate measures: leave the apartment (safety) and call emergency number 112.
- Call the landlord and also inform them in writing (notice), preferably by email or registered letter.
- If a detector is missing or defective, take photos and save timestamps as evidence (repair).
- Send a formal defect notice with a clear deadline (notice), describe symptoms and evidence.
What if the landlord does not respond?
If the landlord does not act or does not remedy the defect within the deadline, you can consider further steps: rent reduction, involving the competent authority or filing a lawsuit at the local court. Check deadlines and document all contact attempts. In court proceedings the Code of Civil Procedure applies[2] and jurisdiction is usually the local court[3].
- Documentation: collect photos, witness statements and medical certificates (evidence).
- Set a deadline: state a reasonable period for remediation (e.g. 14 days) in the defect notice (notice).
- Legal route: if inaction continues, consider filing a claim at the local court (court).
FAQ
- Is the landlord required to install a CO detector?
- Whether a landlord must install one depends on state regulations and the individual case; generally, defects must be remedied under the Civil Code. Check state building regulations and report defects in writing.
- What should I do if I have acute symptoms?
- Immediately leave the apartment, call emergency number 112, inform the landlord and document symptoms and circumstances.
- What deadlines apply to a defect notice?
- Set a reasonable deadline for remediation (e.g. 14 days). If the landlord does not act, you may take further legal steps.
How-To
- Immediate: leave the apartment and call emergency number 112.
- Call the landlord and send a written defect notice.
- Gather evidence: photos, videos and witness statements.
- Set a deadline for remediation (e.g. 14 days).
- If there is no response, consider filing a claim at the local court.
Key Takeaways
- Good documentation increases your chances in disputes.
- In acute cases, your safety is the top priority.
Help and Support / Resources
- BGB § 535 ff. – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Information on the court system – bundesgerichtshof.de
