Emergency Plan for Tenant Families in Germany
As a tenant family in Germany, a well‑thought-out emergency plan at home is an important protection against sudden dangers such as heating failure, water damage or power outage. A plan helps keep calm, clarifies responsibilities within the family and enables quick contact with the right people. It contains immediate measures, documentation of damage, communication rules with the landlord and notes on legal steps and forms. This approach reduces health risks and protects tenant rights, for example in cases of dangerous uninhabitability or delayed repairs. The following sections offer practical checklists, common mistakes tenants should avoid, and concrete instructions on how to act quickly and legally in Germany. Observe deadlines, document everything carefully and use official forms when necessary. If in doubt, the local court (Amtsgericht) can help as a mediation forum.
Why an emergency plan matters for tenants
Landlords are obliged under tenancy law to maintain the apartment in a contractually proper condition; in cases of danger to health or safety quick action is necessary[1]. An emergency plan clarifies who in the family has which role, how quickly the landlord must be informed and which immediate measures take priority.
Immediate measures for acute housing emergencies
Act calmly, prioritise safety for children and vulnerable people, and document every step.
- Contact list: emergency services, doctor, landlord, caretaker (contact).
- Secure supplies: turn off gas/electricity, hygiene measures (safety).
- Documentation: take photos, videos, record date and time (evidence).
- Check rent payments: continue payments or check if rent reduction applies (rent).
- Note deadlines: document repair notices and response times (deadline).
Documentation and forms
Good documentation is often decisive. Keep a damage log with date, time, people involved and concrete effects on habitability. Note phone calls, save SMS and emails and take clear photos with timestamps.
Important forms and letters tenants should know:
- Application for legal aid (Prozesskostenhilfe, PKH): If court proceedings are necessary to enforce rights and personal means are limited. Example: you file a claim for rent reduction or for carry‑out of repairs and apply for PKH to cover court costs.
- Written defect notice (Mängelrüge): No single federal template, but always send in writing and set a deadline (registered mail recommended). Example: heating failure in winter, set a deadline for repair and document the damage.
- Court complaint form for civil proceedings at the local court: Used when an amicable solution fails and legal measures are necessary.
If legal steps are required, the rules of the Code of Civil Procedure (ZPO) apply; preparation and deadlines are important[2].
Common mistakes
- Waiting too long: missing deadlines and thereby losing rights (deadline).
- Not sending a written defect notice and not setting a deadline (notice).
- Poor documentation: no photos, no witnesses, no exact timestamps (evidence).
How courts and authorities can help
If disputes cannot be resolved, local courts (Amtsgerichte) are responsible in the first instance; more complex cases go to regional courts and ultimately the Federal Court of Justice (BGH) for precedent[3]. The Code of Civil Procedure (ZPO) governs how to proceed with claims and enforcement[2].
FAQ
- What do I do if the heating fails in winter?
- Contact the landlord immediately and document the condition; consider a rent reduction if appropriate.
- Can I arrange repairs myself and deduct the costs?
- Only in narrow limits; consult a legal advice service first and document everything.
- What deadlines apply for defect notices?
- Defects should be reported without delay, typically within days, in writing.
How‑to
- Call immediately: emergency services or urgent service, inform the landlord (call).
- Document damage: create photos and a list (evidence).
- Send a written defect notice, consider registered mail (notice).
- Prioritise personal safety: children, electricity, gas (safety).
- If necessary: initiate legal steps at the local court (court).
Help and support / Resources
- [1] German Civil Code (BGB) §§535–580a (Gesetze im Internet)
- [2] Code of Civil Procedure (ZPO) (Gesetze im Internet)
- [3] Federal Court of Justice (BGH)