Defect Notice: Templates for Tenants in Germany

As a tenant in Germany, it is important to report defects in the apartment quickly and correctly. A written defect notice protects your rights, triggers deadlines and creates evidence for rent reduction or further steps. This text explains in plain language when you should send a defect notice, which proofs (photos, date, witnesses) help and how to adapt formulations. I also show which legal bases in the BGB^[1] apply and which authorities or courts (local court, regional court, Federal Court of Justice)^[3] are responsible in disputes. At the end you will find a short template, concrete action steps and notes on official forms for correspondence. The guide includes phrasing suggestions, deadlines for tenants and landlords, tips for documentation and practical examples so you can act confidently.

What is a defect notice?

A defect notice is the written communication to the landlord that the apartment has a defect (e.g. heating failure, mold, burst pipe). The notice documents the defect and the date on which it was discovered.

When should tenants react?

• Immediately in case of danger to health or safety (e.g. gas smell, burst pipe).
• Within a few days for urgent repairs to prevent further damage.
• For less urgent defects: send a defect notice promptly and set a deadline for remedy (e.g. 14 days).

What evidence should you collect?

• Photos and videos with date and time, if possible.
• Correspondence: copies of emails, letters and messages to the landlord.
• Names of witnesses or written statements from roommates or neighbors.
• Measurements (e.g. humidity, temperature) or expert reports, if available.

How to word the defect notice? (Template)

A clear letter contains: date, address, exact description of the defect, request for remedy and a deadline. Phrase it neutrally and attach evidence.

Example (short):
Subject: Defect notice regarding mold at Musterstraße 1, Apartment 2
Text: Dear Mr/Ms [Name], since [date] there is mold in the bedroom (see photos). Please remedy the defect by [deadline, e.g. 14 days]. If no remedy is provided, I reserve the right to take measures such as rent reduction and legal action. Sincerely, [Name]

What to do if there is no response?

If the landlord does not respond, continue documenting and consider rent reduction under §536 BGB. A formal reminder by registered mail can help; in more serious disputes, filing a claim at the competent local court is possible. Information on lawsuit procedures and rules can be found in the ZPO^[2] and at higher instances such as the BGH^[3]. For local jurisdiction, the local court is relevant^[4].

Frequently Asked Questions

When can I reduce the rent?

A rent reduction can apply if the usability is significantly impaired and you have properly notified the defect; amount and start depend on the individual case.

Does the notice have to be written?

Written form is recommended because it creates evidence; email is possible, preferably with a delivery/read receipt.

What if the landlord repairs but not completely?

Continue documenting, set a follow-up deadline and consider reduction or legal steps if necessary.

How-To

1. Collect photos and evidence and date them.
2. Write a written defect notice with a clear deadline and send it.
3. Wait for the deadline and document any response.
4. If there is no response, consider further steps (rent reduction, lawyer, claim).

Help and Support

• Local court: jurisdiction for tenancy disputes
• Forms and legal texts: BGB §§ 535–536 (tenancy law)
• BGH: selected decisions on tenancy law

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1. [1] Gesetze im Internet - BGB §535
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - BGH
4. [4] Justizportal - Informationen zu Gerichten