Documenting Legionella Tests for Tenants in Germany

As a tenant in a shared flat in Germany, it is important to keep correct documentation during a legionella test. Many questions arise: who orders the inspection, which documents are relevant, and how do you secure evidence for the condition of water pipes or measurement protocols? This guide explains in practical terms which steps tenants can take, which deadlines must be observed and which official forms or courts are responsible. You will receive checklists, concrete phrasing examples for defect notices and tips on how to securely collect photos, measurement protocols and letters from your landlord. The goal is that you can understand and assert your rights in Germany and, if necessary, prove them in court.

What to document?

Focus on clear, dated proof. Record measurements, timestamps and contact names. Keep originals and digital copies separate.

• Take photos of connections, measurement points and visible defects.
• Note date and time for each photo and measurement.
• Save measurement protocols or laboratory reports as PDFs or scans.
• Document and file correspondence with the landlord, property manager or laboratory.
• Record calls: date, time, name of contact and content of the conversation.

Forms, templates and legal notes

If you send a defect notice or set a deadline, use clear wording and state a deadline for rectification. For tenancy obligations and claims, refer to the relevant provisions in the BGB, e.g. regarding maintenance and defect liability^[1]. For court matters, the local Amtsgericht is often responsible; civil tenancy disputes are heard there^[2]. Practical sample letters and guidance can also be found on official pages of the Federal Ministry of Justice or similar resources^[3].

Example: short defect notice to the landlord

Write briefly: date, observed problem, desired deadline for remediation (e.g. 14 days) and a notice that you are securing documentation and may assert rights.

FAQ

Who pays for the legionella test?

Generally the landlord arranges the mandatory test. Tenants can request information and access to the test results.

Can I reduce rent because of legionella?

A rent reduction is possible if usability is significantly impaired. Documentation and deadline setting help substantiate the legal position.

Where can I turn if the landlord does not respond?

Contact the local Amtsgericht for tenancy law clarifications or the responsible public health authority in case of acute health danger.

How-To

1. Collect photos and scans of measurement protocols and all correspondence immediately.
2. Set a written deadline to the landlord (e.g. 14 days) to present reports and remedy defects.
3. Send the defect notice by email and additionally by registered mail if there is no response.
4. Document all telephone calls and record names and times.
5. If no solution, consider legal steps at the Amtsgericht and present your documentation.

Help and Support / Resources

• § 535 BGB — Landlord obligations (gesetze-im-internet.de)
• Federal Court of Justice (BGH) — decisions on tenancy law
• Federal Ministry of Justice — service and templates (bmj.de)

1. [1] § 535 BGB — Landlord obligations (gesetze-im-internet.de)
2. [2] Federal Court of Justice (BGH) — decisions on tenancy law (bundesgerichtshof.de)
3. [3] Federal Ministry of Justice — service and templates (bmj.de)