Elevator Outage: Documents & Deadlines for Tenants Germany
If the elevator in your apartment building fails, it affects everyday life, mobility and safety, especially for older or mobility-impaired tenants in Germany. This guide explains in practical terms which documents and evidence (photos, dated logs, witnesses) are needed, how to notify the landlord correctly and which deadlines to observe so that documentation is admissible in court. You will receive clear action steps for immediate reporting, preparing a possible rent reduction and submitting documents to the competent local court. The guidance is based on relevant legal foundations and helps you enforce your rights as a tenant in an organised way.
What to do in case of elevator outage?
Act promptly: note date, time and duration of the outage and any information from notices or property management. Send a written defect notification to the landlord by e-mail and registered mail and state a reasonable deadline for repair. If there are health or safety risks, also inform the property manager by phone and demand immediate measures.
Important documents and evidence
- Photos and videos of the elevator and error displays, with date and time.
- Log start and end times of each outage in a list.
- Written defect notification to the landlord (e-mail, registered mail) and delivery confirmations.
- Record phone contacts with name, date and time.
- Statements from neighbours as witnesses, ideally in writing or by e-mail.
- Receipts for additional costs (e.g. taxi receipts if accessibility is affected).
Deadlines and forms
For defect rights (landlord obligations, rent reduction) the relevant provisions are found in the BGB; a clear written defect notification with a deadline is sensible before asserting a rent reduction.[1] In legal disputes, the competent local court (Amtsgericht) usually decides in the first instance; check local jurisdiction before filing documents or bringing an action.[2] In higher instances, decisions by the Federal Court of Justice can be decisive.[3]
When to set deadlines?
Give the landlord a clear deadline to remedy the defect (e.g. 7–14 days), depending on severity and safety relevance. In case of danger to health or safety, demand immediate measures and document the urgency.
Practical text templates
Sample defect notification: "I hereby report the elevator outage at Musterstraße 1 on DD.MM.YYYY at time X. Please remedy the defect by DD.MM.YYYY. Until remedy, I reserve the right to assert rent reduction claims." Send this by e-mail and by registered mail and keep proof of dispatch.
FAQ
- Can I reduce the rent if the elevator does not work?
- Yes, for significant impairments of usability a rent reduction is possible; document the scope and duration of the outage and your communication with the landlord.
- Do I need a lawyer for a rent reduction?
- For clear, short-term outages legal advice is often not necessary; for prolonged faults or disputed cases legal assistance may be advisable.
- Where do I file a lawsuit if the landlord does not respond?
- Generally at the competent local court (Amtsgericht); tenancy disputes are heard there in the first instance.
Anleitung
- Document immediately the date, time and duration of each elevator outage and take photos or videos.
- Send a written defect notification to the landlord and set a reasonable deadline for repair.
- Record all phone calls and responses with names and times.
- Collect receipts for additional costs caused by the outage (e.g. transport costs).
- If no solution is reached, prepare the documents for a possible lawsuit at the local court.
- Keep copies of all documents safe and create a clear file for court or lawyer.
