Defect Notice Effective: Tenant Rights in Germany
As a tenant in Germany, you often face the challenge of reporting defects in the apartment effectively and securing evidence objectively. This guide explains step by step how to write an effective defect notice, which photos, logs and witnesses to collect as evidence, and when rent reduction or further legal steps make sense. Language remains clear, legal terms are explained, and there is a practical checklist for printing. The aim is that you know your rights, meet deadlines and are prepared for disputes before the local court.
What is an effective defect notice?
A defect notice is the formal notification to the landlord that a defect exists and must be remedied. It establishes the landlord's duty to repair and can be the basis for rent reduction according to the Civil Code (BGB) [1]. The notice should be clear, dated and described as precisely as possible.
How to write the defect notice?
Write briefly, factually and in writing. State: location of the defect, description, since when present, and demand a reasonable deadline for remedy. Send the letter by registered mail or by email with read receipt if possible.
- Formulate precisely: location, description, date and concrete demand for remedy.
- Set a reasonable deadline (e.g., 14 days) and specify a concrete due date.
- Document telephone agreements in writing by confirmation email.
Evidence checklist
Evidence is crucial if the matter escalates. Collect photos, timestamps, witnesses and, if applicable, invoices for temporary repairs.
- Photos and videos with date and time, ideally on multiple days.
- Document visible damage and all impairments to usability.
- Keep a defect log with times and witness names.
Deadlines, rent reduction and courts
For significant defects, rent can be reduced fully or partially; the legal basis is in the BGB (§536) and case law [1][3]. If there is a dispute, the local court (Amtsgericht) is responsible; appeals may go to the regional court and the Federal Court of Justice [2][3].
Practical examples and wording
Sample defect notice (short)
Date, name, landlord address: I hereby report the following defect: (description). The defect has existed since (date). Please remedy the defect by (date, e.g., within 14 days). If no remedy occurs, I reserve the right to reduce rent and take further legal action.
When is rent reduction possible?
Rent reduction is possible when the usability of the apartment is impaired. The amount depends on the degree of impairment; indicative values result from case law and individual assessment [3].
FAQ
- When can I claim rent reduction?
- When the use of the apartment is impaired and the landlord has become aware or could have become aware of the defect. See BGB §536 for the legal basis. [1]
- How do I write an effective defect notice?
- Short, written and dated: location, description, start of the defect and a demand for remedy with a deadline.
- Which court is responsible in a dispute?
- For tenancy disputes the local court is usually responsible; higher instances are the regional court and the Federal Court of Justice. [2] [3]
How-To
- Record the defect: date, location, extent and take quick photos or videos.
- Write a written defect notice with a clear deadline and send it with proof of delivery.
- Organize evidence: logbook, witnesses, receipts for temporary measures.
- Observe the set deadline and document all communications.
- If no action is taken: consider rent reduction, legal advice or filing a claim at the local court.
Key Takeaways
- Written, dated defect notices are essential tenant protection.
- Photos, logs and witnesses are the strongest evidence.
- Meet deadlines: missing them can forfeit claims.
