Fire Safety Checklist for Tenants in Germany
As a tenant in a high-rise building in Germany, you should systematically document fire safety defects in the shared basement. Good documentation protects your rights under tenancy law, helps communication with the landlord and is important if authorities or courts need to be involved. This guide explains which types of evidence are useful, what duties landlords and tenants have, and how to report damage securely. I also describe which official forms and which court are responsible and provide an example of a proper defect notice so you can act without legal expertise.
Why documentation matters
Fire-safety issues in the basement can affect apartment safety, service charges and insurance situations. Tenants' rights and obligations arise from tenancy law and statutory provisions; key rules are found in the BGB (Sections 535–580a).[1] A clear chain of evidence makes enforcing claims or defending against unjustified demands easier.
Quick checklist: What to collect
- Photos and videos (evidence): Take images with date, time and multiple angles.
- Written notes (record): Record date, exact time, basement location and involved persons.
- Send a written defect notice to the landlord (notice): Document by e-mail and registered mail.
- Secure documents (document): Copy house rules, previous correspondence and maintenance records.
- Check escape routes and fire equipment (safety): Do not store items in front of escape doors or extinguishers.
What duties do landlords and tenants have?
The landlord is generally obliged to maintain the rental property in a contractual condition and to remedy hazardous defects. Tenants must report serious dangers immediately and must not make changes that impair fire safety.
Formal notes and deadlines
For damage reports: document in writing, obtain confirmation of receipt and set deadlines. If court clarification becomes necessary, the rules of the Code of Civil Procedure apply to lawsuits and eviction actions.[2]
FAQ
- What counts as sufficient documentation of a fire damage in the basement?
- Sufficient documentation includes sharp photos/videos with dates, a written defect notice to the landlord, witness names and, if appropriate, a basement layout plan.
- Can I reduce the rent if the basement is fire-safety damaged?
- Rent reduction is possible if the habitability of the rented apartment is impaired; it depends on the individual case and should be documented and legally reviewed.
- Which court is responsible for tenancy disputes?
- The local district court (Amtsgericht) is responsible for most tenancy disputes; higher instances are the regional court (Landgericht) and, for appeals, the Federal Court of Justice (BGH).
How-To
- Collect evidence immediately: photos and videos (evidence) with date, time and multiple perspectives.
- Send a formal defect notice (notice) to the landlord with a clear deadline.
- Secure all receipts and emails (document) in a folder, physically and digitally.
- In case of immediate danger, notify the fire brigade and your landlord by phone (hotline), then in writing.
- If no remedy is provided, prepare a lawsuit and have deadlines checked; observe the rules of the Code of Civil Procedure (ZPO).
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Federal Ministry of Justice (BMJ)
