Enforce Defect Notice: Tenants in Germany
Many tenants in Germany find that defects in their apartment are remedied slowly or not at all. This article clearly explains how to write a formal defect notice, which deadlines and formulations are common, and how to document damage properly (photos, date, witnesses). You will receive concrete template letters, practical advice on rent reduction and a step‑by‑step guide before formal action such as a lawsuit at the local court becomes necessary. The aim is to empower tenants without legal background: set deadlines, strengthen evidence and know which laws apply. Keep files, receipts and communications ready so you can assert your rights in Germany effectively and factually.
What tenants should do immediately
If you discover a defect, notify the landlord in writing and set a clear deadline for repair. Specify the defect points precisely and request repair within a reasonable period. Refer if necessary to the landlord's statutory duties under the BGB [1] and document every step of communication.
- Send a written defect notice to the landlord and document receipt.
- Set a deadline: specify a reasonable deadline (e.g. 14 days) and make the deadline clear.
- Secure evidence: photos, videos with dates, written messages and witness names.
- Urgent repairs: take short-term measures for acute hazards and keep cost receipts.
- Check rent reduction: for significant impairments a reduction rate may apply; document extent and duration.
- Final step court: if the landlord does not respond, proceedings at the local court may be necessary [3].
Forms, templates and practical examples
There is no single nationwide official defect notice form; a clear template letter that you send by registered mail or email is often sufficient. Examples include:
- Template defect notice: describe the defect, requested remedy and deadline (e.g. 14 days).
- Record list: attach photos, dates, times and witness names.
- Eviction claim / court forms: filed at the local court if the landlord does not comply [3].
Example: Short template text
"Dear Mr./Ms. X, since DD.MM.YYYY the following defect exists at Address: [description]. Please remedy the defect by DD.MM.YYYY. If no remedy occurs, I reserve the right to reduce the rent and initiate legal action."
Rights, rent reduction and legal basis
Tenant rights are regulated in §§ 535–580a BGB; in particular the landlord's duty to maintain the property is relevant [1]. If the defect significantly impairs usability, the rent may be reduced. Before reducing rent, document scope and period of the defect and inform the landlord in writing.
For court action, the rules of the Civil Procedure Code (ZPO) apply and local courts are competent for tenancy disputes [2][3].
Frequently Asked Questions
- What is a defect notice?
- A defect notice is the formal request to the landlord to remedy a fault or damage. It specifies the defect, the deadline and documents the tenant's claim.
- Can tenants reduce the rent?
- Yes, for significant impairment a rent reduction is possible; the basis is §§ 535–580a BGB [1]. Document damages and inform the landlord in writing.
- When should I go to court?
- If the landlord does not respond despite a deadline and no agreement is possible, a lawsuit at the competent local court may follow. Procedural rules arise from the ZPO [2] and the jurisdiction of local courts [3].
How-To
- Write: Draft a clear defect notice with description and deadline.
- Set deadline: Specify a concrete remediation date (e.g. 14 days).
- Collect evidence: Document photos, videos, messages and witnesses.
- Check rent reduction: Calculate when and to what extent a deduction is justified.
- Secure correspondence: Keep all letters, emails and receipts of delivery.
- Court steps: If necessary, file suit at the local court and follow the ZPO.
Help and Support / Resources
- §§535–580a BGB — Gesetze im Internet
- Federal Court of Justice (BGH) — decisions on tenancy law
- Local courts and jurisdiction — Justice Portal
