Documenting Legionella Tests for Tenants in Germany
As a tenant in Germany, you should understand how legionella tests are documented and what steps protect your rights. This text explains what measures landlords and property managers must take, which records you should collect (photos, test reports, handovers) and how to meet deadlines. I describe practical examples for completing official forms, reporting defects and safely storing documents. You will also learn when rent reduction may be possible and how to involve the local court if problems persist. The goal is for you to handle inspection processes more confidently and to present well-documented evidence in disputes. Read on for a step-by-step guide, sample forms and pointers to responsible authorities.
What tenants need to know
Legionella testing falls under drinking water monitoring; landlord duties arise from the lease and general obligations under the German Civil Code (BGB)[1] as well as the specific rules of the Drinking Water Ordinance.[3] As a tenant you have a legitimate interest in transparent test reports because contaminated plumbing can endanger health and affect the usability of your apartment.
Which records to collect
Keep a simple file with all relevant documents that help in disputes:
- Date and time of the inspection and the name of the tester
- Photos of fittings, sampling points and any defects
- Copy of the test report or a written confirmation from the landlord
- All correspondence by email or registered mail
Deadlines and formalities
Tenants should observe deadlines, such as promptly notifying the landlord of defects and respecting disclosure times. If an inspection is announced, record the appointment immediately, take photos and request the test report promptly. For legal action, the Code of Civil Procedure applies; the local court is often the first instance for many tenancy disputes.
Forms and templates
There is no single nationwide "legionella form". Instead, use formal letters to request test reports or to report defects. For court proceedings, observe the formal requirements of the Code of Civil Procedure.[2]
If the landlord does not act
If the landlord remains inactive despite justified notices, tenants may consider the following steps:
- Set a written deadline requesting remediation
- After an unsuccessful deadline: consider rent reduction and document it
- In case of acute health risk: contact the public health office
- If necessary: consider filing a lawsuit at the local court
Practical steps to take
First collect the test report and photographic evidence, request a written statement from the landlord and record all appointment dates. If you plan a rent reduction, calculate it carefully and document the extent and duration of the impairment.
FAQ
- Can I as a tenant request a copy of the test report?
- Yes. You can request access to test reports because the results affect the usability of the rented property and are therefore part of your information interest.
- Which authority handles acute legionella risk?
- The local public health office is typically responsible for measures in case of health hazards from drinking water.
- When can I reduce rent?
- A rent reduction may be possible if the usability of the apartment is impaired; carefully document the scope and duration of the defect.
How-To
- Note the appointment and tester, and take photos on site.
- Request the test report in writing; set a deadline and document receipt.
- If confirmed: inform the public health office and ask the landlord to remedy the defect.
- If necessary: calculate and document rent reduction and consider legal action.
Key takeaways
- Documentation is critical: photos, reports and dates.
- The public health office is the primary contact for health risks.
- Legal steps are often handled at the local court.
Help and Support / Resources
- German Civil Code (BGB) – Gesetze im Internet
- Drinking Water Ordinance (TrinkwV) – Gesetze im Internet
- Information on courts and jurisdiction – Justizportal
