Enforce Defect Notice: Tenants' Rights in Germany

As a tenant in Germany, you can file a defect notice (Mängelanzeige) for serious apartment defects and, if necessary, enforce it in expedited proceedings. This guide plainly explains when a defect notice is appropriate, which deadlines apply, which evidence matters and how to claim a rent reduction. We show concrete steps: from the letter to the landlord through deadline setting and documentation to going to the local court or seeking advice from the competent authorities. The legal basis is found in the BGB (Sections 535–536); in urgent cases the local court often decides on interim measures. Keep photos, defect logs and rent payments to prove your claims.

When is expedited legal action possible?

Expedited proceedings are appropriate when there are acute health or safety hazards (e.g., no heating in winter, severe mold, burst water pipe) or when immediate court decisions are needed to prevent lasting damage. In such cases, an application for interim relief at the local court may be sensible.^[1]

How do I write a defect notice?

A defect notice should be in writing, describe the defect precisely, state date and place, announce evidence and set a reasonable deadline for remedy (often 14 days, shorter in danger situations). Specify the consequences if not remedied (e.g., rent reduction, court action). If necessary, prepare a lawsuit form for the local court or an application for interim relief and file these documents if the deadline passes.^{[2] [3]}

• Letter to the landlord: describe the defect clearly and set a deadline (e.g., 14 days).
• Documentation: take photos, note dates, record witnesses and keep copies of all correspondence.
• Check rent reduction: justify percentage and announce it in writing.
• In case of danger: report immediately to authorities and apply for interim relief at the local court.

Forms and templates: Use the complaint form of the responsible local court if deadline and notice do not lead to a solution. For urgent relief, an application for interim relief under the rules of the ZPO is required; exact forms and guidance are available on official justice websites.^[2]

FAQ

What is a defect notice?

A defect notice is the written notification to the landlord about an existing defect with a request for remedy and a deadline.^[1]

When can I reduce the rent?

Rent can be reduced if the usability of the apartment is impaired. The reduction must be announced and justified; percentage calculations depend on the severity of the defect.

How quickly must I act?

Immediately in case of health danger; otherwise within a reasonable deadline, usually two weeks for the landlord to inspect and remedy.

How-To

1. Step 1: Document the defect: take photos, note dates and name witnesses.
2. Step 2: Send a written defect notice to the landlord and set a deadline.
3. Step 3: If there is no response, announce rent reduction or consider court action.
4. Step 4: In case of danger or delay, file an application for interim relief at the local court.

Key Takeaways

• Good documentation often determines success in proceedings.
• Meeting deadlines protects your rights.
• Announce rent reductions properly to avoid legal disadvantages.

Help and Support / Resources

• BGB §535 – Landlord duties — Gesetze im Internet
• ZPO — Civil Procedure Code on Gesetze im Internet
• Justice forms – lawsuits and urgent petitions — justiz.de

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1. [1] BGB §535 – Duties of the landlord
2. [2] Justiz Forms – Complaints and applications
3. [3] ZPO – Civil Procedure Code