Defect Notice & Rent Reduction for Tenants in Germany

As a tenant in Germany, you should know how a defect notice works correctly and when a rent reduction is possible. This guide explains step by step how to document damage, inform the landlord in writing, set deadlines and when you can assert a legally secure rent reduction. I describe official legal bases under the BGB, which evidence is important and how the local court handles rental disputes. The language is simple, with concrete action steps, sample wording and notes on official forms so you can enforce your rights confidently. You will receive practical examples for wording, tips on photographic evidence and recommendations on how long to give the landlord to remedy the defect. I also describe when to consult a lawyer or how a procedure at the local court proceeds.

Defect notice: first steps

For a defect (e.g. significant dampness, heating failure, mold) you should act quickly, factually and with documentation. Note the location, extent and time of occurrence and request remediation from the landlord in writing. The legal basis for rent reduction and defect rights is in the BGB (especially §§ 535 ff.).^[1]

• Document defects with photos, dates and a short description.
• Send a written defect notice to the landlord and request remediation within a deadline.
• Set a clear deadline (e.g. 14 days) and, if necessary, name a time for inspection.
• In case of acute health hazards, inform responsible authorities immediately or commission an emergency repair if the landlord does not respond.

When is rent reduction possible?

A rent reduction may be considered if the usability of the apartment is impaired. The reduction rate depends on the extent of the impairment and is often calculated as a percentage of the rent. Check the legal requirements beforehand and inform the landlord in writing; if in doubt, seek legal advice.

Forms, templates and court steps

There is no nationwide standardized "defect notice form"; a simple letter with date, description and deadline is often sufficient. For court actions, however, use the complaint forms and procedure rules of the ZPO.^[2]

Example of a short defect notice (template):

Subject: Defect notice due to mold in the apartment, Sample Street 1
Dear Sir or Madam, I hereby report mold formation in the bedroom (photos attached) since 05/05/2025. Please remedy the defect by 05/19/2025. If not remedied, I will consider legal steps and, if necessary, reduce the rent. Sincerely, [Your Name]

What happens in court?

If the landlord does not respond, you can file a complaint at the competent local court; jurisdiction and procedure are governed by the ZPO.^[2] In many cases, the local court decides on rent reduction, recovery of withheld rent or eviction claims. Higher instances are the regional court and the Federal Court of Justice for appealable issues.^[3]

Common mistakes to avoid

• No (or too late) written notice of defects.
• Poor or missing evidence such as photos or witnesses.
• Failing to meet or set deadlines in writing.

FAQ

When can I reduce the rent?

You can reduce the rent if the living quality is significantly impaired and the defect is not remedied promptly; the exact requirements are regulated by the BGB.^[1]

Do I still have to pay rent?

Yes, in principle you continue to pay rent unless the conditions for a lawful reduction are met or a court decides otherwise.

Where do I turn in case of dispute?

In case of disputes, the competent local court decides first; for legal questions you can also consult a public legal advisory office or a lawyer.^[3]

How-To

1. Document the defect in detail with photos, dates and short notes.
2. Write a formal defect notice to the landlord and send it by traceable means.
3. Set a reasonable deadline for remediation (e.g. 14 days) and announce possible next steps.
4. Estimate a possible reduction percentage or obtain legal assessment before withholding rent.
5. If necessary, file a complaint at the local court or use the payment order procedure under the ZPO.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Information on courts in Germany — Federal Government

1. [1] gesetze-im-internet.de - Bürgerliches Gesetzbuch (BGB)
2. [2] gesetze-im-internet.de - Zivilprozessordnung (ZPO)
3. [3] bundesregierung.de - Gerichtsbarkeit and court organization