Defect Notice Checklist for Tenants in Germany

As a tenant in Germany, a precise defect notice documented for court is essential when living space no longer meets expected standards. This guide helps you step by step on how to report damage correctly, secure evidence and set deadlines so you can support emergency proceedings if necessary. We explain in plain language what information belongs in the notice, how to create photos and logs, which deadline settings are legally secure and when the local court can be involved. Practical examples and sample wording show how to assert your rights under the BGB without requiring legal expertise. At the end you will find a practical checklist, a short How‑To for emergency proceedings and notes on which official forms and courts are relevant.

What is a court-ready defect notice?

A court-ready defect notice describes the defect factually, states date and location, demands a reasonable deadline for remedy and documents evidence systematically. This form of notice is important if you later need to substantiate claims such as rent reduction or damages.

Checklist: document for court

• Date, time and exact location of the defect and the affected rooms must be recorded.
• Concrete description of the defect: what is visible, which function is missing, since when the defect exists.
• Take photos and possibly videos in high resolution; document multiple angles.
• Include dated witness statements or neighbor notes if available.
• Send a written defect notice to the landlord (email + registered mail/business letter) and keep copies.
• Set a deadline for remedy (14 days is common; for danger or failure of essential facilities shorter) and state the deadline clearly.
• Document all contacts: calls, appointments, names of contacts and conversation content.
• If there are financial consequences (e.g. repair costs, rent reduction) collect receipts and document expenses.
• If deadlines are not met, prepare documents for the local court: chronology, evidence photos, correspondence.

FAQ

How long must the landlord fix a defect?

There is no uniform deadline; the appropriate deadline depends on the severity and urgency of the defect. In case of heating or water failure a very short response is required, otherwise 1–2 weeks are common.^[1]

Can I reduce the rent if the landlord does not respond?

Yes, generally the rent can be reduced if the usability is impaired. The amount depends on the extent of the impairment; precise calculation and documentation are important.

When is an emergency proceeding useful?

An emergency proceeding may be appropriate when urgent measures are necessary and immediate judicial intervention is required, for example in case of health hazards from mold or if eviction is threatened.

How-To

1. Draft the defect notice in writing with date, location, detailed description and send it by email and registered mail.
2. Secure evidence: photos, videos, witness names and damage logs.
3. Set a clear deadline for remedy and announce further steps in case of a missed deadline.
4. Contact the appropriate body for legal advice and document all responses.
5. If necessary, prepare documents for an emergency proceeding at the local court and submit them on time.

Help and Support

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

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)