Documenting Mold Repairs: Tenants in Germany

Mold in an apartment is a common problem for tenants in Germany and can affect health and living quality. This article explains which duties landlords and tenants have, how to document infestation and damage clearly in the handover record and through other evidence, and which deadlines apply. Step by step I outline which evidence matters, which official legal bases are relevant, and how to proceed in a dispute before a court or local court. The goal is a clear checklist, concrete phrasing examples and tips on official forms so you can assert your tenant rights confidently and calmly.

What belongs in the handover record?

A handover record should be concise, precise and dated. Note condition, affected rooms, visible mold areas and odors. Add photos and, if available, measurements or expert reports to avoid later disputes.

• Take photos (photo) – multiple angles, with date and time.
• Note date and time (deadline) – timestamp every observation.
• Inform the landlord (notice) – in writing, preferably by registered mail or email with read receipt.
• Document repair needs (repair) – exact description, affected parts and functional limitations.

Proving mold and legal bases

As a tenant you should act promptly: describe the infestation in writing, demand remediation and set a reasonable deadline. The duties of landlord and tenant are regulated, among others, in the German Civil Code (BGB), which governs tenancy rights.^[1] If deadlines or remediation are disputed, courts and the Code of Civil Procedure are potential routes.^[2]

• Measurements and expert reports (record) – obtain an independent expert report if health is at risk.
• Keep written correspondence (notice) – requests, replies, appointments.
• Document remediation (repair) – who did what and when.
• Record expenses (rent) – costs, receipts, proof of payment.

FAQ

Who pays for mold removal?

Generally the landlord is responsible for maintenance if the mold was not caused by the tenant's breach of contract; specific cases depend on § 535 BGB and individual assessment.^[1]

Can I reduce the rent?

If the living quality is significantly affected, a rent reduction may be possible; the amount depends on the severity and should be documented and legally reviewed in advance.^[1]

Where do I turn in case of dispute?

For unresolved conflicts the local court (Amtsgericht) is the first instance; further procedures are governed by the Code of Civil Procedure and appeals go to the higher regional courts or the Federal Court of Justice (BGH).^[2]

How-To

1. Document (record): Immediately capture photos, dates, room names and visible damage.
2. Notify in writing (notice): Send an informal defect notice to the landlord with a deadline and proof of receipt.
3. Obtain an expert report (repair): Commission an independent damage assessment if the cause is unclear.
4. Court steps (court): If the landlord does not act, consider filing a claim or application at the local court; use the civil procedure forms of the responsible judiciary.

Key Takeaways

• Thorough evidence collection improves outcome chances in disputes.
• Written defect notices with deadlines are essential.
• The local court is the primary authority for tenancy disputes.

Help and Support

• BGB §535 and tenancy law – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] BGB §535 and tenancy law – gesetze-im-internet.de
2. [2] Code of Civil Procedure – gesetze-im-internet.de
3. [3] Federal Court of Justice – bundesgerichtshof.de
4. [4] Information on courts and procedures – justiz.de