Danger in Delay: Tenant Rights in Germany

If a shared flat suddenly faces an urgent danger — for example a burst water pipe, gas smell or imminent fire risk — tenants in Germany must act quickly and safely. This article explains step by step what rights flat-share members have against the landlord, when entry is permitted, which deadlines apply and which official forms should be used. There is also a practical checklist, templates and guidance on documentation and court steps if necessary. The language is intentionally simple so non-legal readers can understand how to protect their privacy while allowing necessary repairs or danger prevention.

What does "danger in delay" mean?

"Danger in delay" describes a situation where immediate action is required because otherwise significant damage or danger to people can be expected. Typical cases include severe water damage, acute gas smell or visible fire risk. In such cases waiting for legal steps may worsen the danger.

Rights and obligations of tenants in a shared flat

Share members have both joint and individual interests: privacy but also the duty to avert danger. If danger threatens, it is important to act quickly, inform other residents and notify the landlord.

• Landlord entry (entry): The landlord may request access in an emergency if there is danger to the apartment or people.
• Immediate repairs (repair): Tenants or landlord must have acute damages repaired to prevent further danger.
• Documentation (evidence): Photos, videos and written short messages are important to document the condition and measures.
• Contact and communication (contact): Inform the landlord, flatmates and, if necessary, craftsmen or authorities promptly.

Legal basis briefly explained

The BGB applies to landlord duties and tenant rights, especially provisions on maintenance and obligations in §§ 535–580a.^[1] If enforcement in court becomes necessary, the ZPO regulates the procedure.^[2] In precedent decisions, the BGH has set principles on entry and cost allocation.^[3]

When may the landlord enter?

Normally the landlord needs tenant consent for access. In danger-in-delay situations immediate access is possible to avert danger or prevent great damage. Afterwards the landlord should explain the measures in writing.

Which deadlines apply?

• Immediate: Act without delay in acute danger and, if possible, inform the landlord.
• Within a few days: Request written confirmation of measures from the landlord and review it.
• In case of further dispute: Observe deadlines for defect notices and lawsuits as set out in the BGB and ZPO.^[1]

Checklist for tenants: Immediate steps in shared-flat emergencies

On site

• Secure hazard (safety): Remove people from danger area and, if safely possible, close main valves.
• Contact emergency services (contact): Call fire brigade, gas emergency service or electrician if necessary.
• Preserve evidence (evidence): Take photos and short videos of the damage.

After the emergency

• Inform the landlord in writing (notice): Short email or message with description, photos and timestamp.
• Gather invoices and cost receipts (rent): Keep all repair invoices and receipts for possible reimbursement questions.
• Report defects in writing (evidence): Send an informal defect notice and set a deadline for remediation.

Official forms and templates

There are no uniform forms for every emergency, but for court proceedings and claims tenants use justice forms and guidance (claim forms, enforcement applications). Examples: termination letter templates or claim forms for eviction; practical example: after an unremedied water damage tenants can send a written defect notice and, if there is no reply, file a claim at the competent local court.^[4]

FAQ

What can the landlord do without tenant consent?

In danger-in-delay situations the landlord may take necessary measures to avert damage or danger; this must be documented and justified afterwards.

Does every flatmate need to be informed separately?

Practically, all affected roommates should be informed; legally it is sufficient to inform the person who is the main contact in the apartment unless the lease says otherwise.

What role does the local court play in disputes?

The local court (Amtsgericht) is the first instance for many tenancy disputes, such as rent reduction, terminations or eviction claims.

How-To

1. Secure immediately (safety): Bring people to safety and, if needed, shut off electricity or gas at the source.
2. Call emergency services (contact): Notify fire brigade, gas emergency service or craftsmen.
3. Document (evidence): Collect photos, videos and timestamps.
4. Inform the landlord (notice): Report the damage, measures and deadlines in writing.
5. Consider legal measures (court): If there is no reaction, consider filing a claim or interim relief at the local court.

Key Takeaways

• Documentation is the most important protection for tenants in disputes.
• Act immediately in acute danger and inform the landlord at the same time.
• Use emergency services and authorities when health or fire safety is at risk.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Justizportal des Bundes und der Länder (Forms & Guidance) — justiz.de