Emergency Risk: Documenting for Tenants in Germany
If an immediate danger arises in a shared flat — for example a leaking boiler, a burst pipe or a risk of collapse — tenants must act quickly but carefully. This practical guide explains in clear language how shared-flat residents should document the situation, which deadlines and reporting routes apply in Germany, which rights tenants have against the landlord and how a protocol can serve as evidence. It is aimed at tenants without legal knowledge and offers concrete steps, sample notes for defect notifications and guidance on when a court or the local court may need to be involved. Practical tips help to respect privacy and the landlord's access rights. At the end you will find references to official forms and contact points.
What does "Gefahr im Verzug" mean?
"Gefahr im Verzug" describes a situation where immediate action is required to prevent significant damage or danger to people. For rental housing this can mean acute uninhabitability due to water, fire or structural danger. In such cases tenants may take measures to avert danger; the legal obligations of landlord and tenant are governed by the BGB.[1]
Immediate measures
- Quickly assess the danger and secure acute hazards (e.g. switch off electricity, cordon off area).
- Inform emergency services or the property manager; if people are at risk, call rescue services immediately.
- If possible, perform short-term remedial actions without worsening the situation (e.g. shut-off valve for water damage).
Keeping a protocol: What to include
A convincing protocol increases evidentiary power. Note who saw or did what and when, and attach photos, videos and witness names. Send a written defect notice to the landlord and keep proof of sending.
- Save photos and videos with date/time and a short description of what is shown.
- Send a written defect notice to the landlord and record content, method of sending and date.
- Record deadlines for landlord responses and keep documentation of meeting those deadlines.
Access rights and privacy
Landlords have limited access rights; they may not enter the flat arbitrarily. In emergencies, entry can be justified. Document who had access and whether consent was given. Courts, especially the local court and higher instances, decide disputed cases.
Legal remedies and deadlines
If the landlord does not respond or refuses measures, a rent reduction or legal action may be necessary. Civil procedure law governs court proceedings; many tenancy disputes are heard at the local court.[2]
- If danger persists: consider involving the local court or seeking legal advice.
- Observe and document important deadlines (e.g. for defect notices or rent reduction).
- Check whether an application for legal aid (process-cost assistance) is appropriate if court action becomes necessary.
FAQ
- What counts as "Gefahr im Verzug" in a shared flat?
- Acute situations where, without immediate action, significant damage or danger to people is likely, such as gas smell, major water damage or structural collapse.
- Can a landlord enter the flat without consent?
- Only in emergencies or when law permits entry; as a rule, consent or prior notice is required.
- How does a protocol help in a later legal dispute?
- A detailed protocol with photos, witnesses and proof of dispatch strengthens evidence in court.
How-To
- Assess the danger and take immediate protective action.
- Collect evidence: take photos and videos, noting date and time.
- Send a written defect notice to the landlord and document the dispatch.
- Carry out short-term remedial measures if necessary and keep receipts.
- If there is no response: consider legal steps and contact the local court.
Key takeaways
- Documentation is essential: photos, timestamps and witnesses are critical.
- Respect privacy, but act in emergencies to prevent harm.
Help and Support
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH) – information and decisions
