Defect Notice & Negotiation for Tenants in Germany

Many tenants in Germany face the question of how to react to heating failures, mold or other defects in their apartment. This guide explains step by step how to draft an effective defect notice, which deadlines to set and how to negotiate calmly about rent reduction and repairs. I explain key legal foundations, list concrete options for action and show how to prepare documentation, appointments and possible court measures. The text is aimed at tenants without legal expertise and cites official sources and phrasing aids so you can enforce your rights securely and transparently in Germany.

What is a defect notice and why it matters

A defect notice is the formal notification to the landlord that the apartment does not meet the contractual condition. It documents date, type of defect and requests the landlord to fix it; this is often a prerequisite for rent reduction or claims for damages under the Civil Code (BGB).^[1]

Sample wording: How to write your defect notice

A clear, factual letter helps: date, precise description, attach photos, set a deadline and request rectification in writing. State how the defect affects use (e.g. no heating, mold) and indicate how you will proceed (e.g. rent reduction after unsuccessful deadline).

Example (short): "Dear Mr/Ms X, since 03.11.2025 the heating has failed. Please rectify the defect by 10.11.2025. I hereby request remedy of the defect and reserve the right to reasonably reduce the rent after expiry of the deadline."

Important contents of your notice

• Date and precise defect description (location, start, impact).
• Concrete request for remedy and deadline.
• Photos, videos and witness names as evidence.
• Indication whether usability is impaired (e.g. no hot water, mold).

Deadlines and rent reduction

Set a reasonable period for the landlord to remedy the defect. What is "reasonable" depends on the defect (for heating failure usually a few days in winter, for a small defect longer). If the landlord does not respond, rent can be reduced; entitlement and amount depend on the extent of the impairment and case law.^[1]

Negotiate instead of escalate

First seek discussion: present your documentation, propose dates and stay factual. Often appointments for tradespeople or interim solutions can be agreed. Record agreements in writing.

If the landlord does not respond: legal steps

If there is no response, you can wait for the deadline to expire and then reduce rent, have repairs carried out and reclaim costs, or consider filing a lawsuit at the competent local court. Rules of procedure are found in the Code of Civil Procedure.^[2]

Which documents you should collect

• Photos and timestamps of every documentation.
• Correspondence (emails, letters, registered mail receipts).
• Notes of conversations (date, participants, content).

Forms and official templates

There is no nationwide mandatory form for defect notices; an informal written letter usually suffices. For further steps the following official legal sources are decisive:

• Text of the Civil Code (BGB) on landlord obligations (§§ 535–538) as legal basis.^[1]
• Rules of civil procedure (ZPO) for court actions.^[2]
• Information on court responsibilities (local court as first instance).^[3]

FAQ

When can I reduce the rent?

If a defect significantly restricts the use of the dwelling and the landlord does not act within a reasonable deadline after your defect notice, you can reduce the rent; the amount depends on the level of impairment.^[1]

How do I formulate an effective defect notice?

State date, exact defect description, concrete request for remedy and a reasonable deadline; attach proof photos and send the notice in a verifiable way.

What if the landlord does not respond?

Consider rent reduction, commissioning a repair at the landlord's expense or legal advice; as a last resort you may file a suit at the local court.^[2]

How-To

1. Document: Keep photos, dates, witnesses and impairments.
2. Write: Draft defect notice, set deadline and attach evidence.
3. Contact: Inform the landlord calmly and arrange an appointment.
4. Deadline: If the landlord fails to act, wait the deadline and consider next steps.
5. Act: If necessary, claim rent reduction or arrange repair and document costs.
6. Court: Prepare a claim at the competent local court if required.

Final note

A clear defect notice, thorough documentation and calm communication increase the chance of rapid remedy. Use official laws for guidance and seek legal advice for complex situations.

Help and Support

• Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Information and decisions