Defect Notice & Rent Reduction in Germany

What is an effective defect notice?

A defect notice formally informs the landlord about a housing defect and requests remediation within a reasonable deadline. It serves as a prerequisite to assert claims such as rent reduction or damages and provides clear evidence for later steps. State the location, scope, date of discovery and request a deadline for remedy. Refer to the relevant tenancy law provisions and the jurisdiction of the local court.^[1]

Important details in the defect notice

• Date of notification (deadline)
• Precise description of the defect and where it occurs (notice)
• Photos and documents as evidence (evidence)
• Specific deadline for remedy (within days)
• Indication whether the defect impairs usability (repair)

Rent reduction: extent, legal certainty and deadlines

Whether and to what extent you can reduce rent depends on the degree of impairment. Typical cases are a failed heating system, unusable sanitary facilities or significant mold. Calculate the reduction as a percentage of the agreed rent and justify the amount factually in your defect notice. Documentation and deadlines are crucial; without evidence a later reduction is risky.^[1]

Forms, authorities and when to sue

There is no mandatory state template for every defect notice, but judicial proceedings are subject to civil procedure rules. Tenancy disputes are usually heard at the local court; higher legal questions are decided by regional courts or the Federal Court of Justice.^[2][3] If the landlord does not respond, court action (eviction or payment claim) may be necessary; the Civil Procedure Code applies.

FAQ

Can I reduce the rent if the heating fails?

Yes, as long as the failure significantly impairs usability and you have informed the landlord in writing beforehand.

How do I word a defect notice correctly?

Name the location, defect description, date, photos as evidence and a clear deadline for remediation; send the letter by registered mail or electronically with delivery confirmation.

Which court is competent for tenancy disputes?

The local court is usually competent in the first instance; regional courts and possibly the Federal Court of Justice resolve higher legal questions.

How to file an effective defect notice

1. Describe the defect in writing, state date and location (deadline).
2. Attach photos and documents and keep all evidence.
3. Request a remediation deadline in writing and indicate that you may pursue legal steps (notice).
4. Document further damage and keep all landlord responses (repair).
5. If necessary, have the local court review or file suit under the Civil Procedure Code (court).

Conclusion: First steps

• Precise documentation is key to success.
• Act factually and within deadlines.
• Seek advice from official bodies early if uncertain.

Help and Support

• Legal text: BGB §535ff.
• Civil Procedure Code (ZPO) – rules
• Federal Court of Justice – decisions and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof – Entscheidungen (BGH)