Proving Health Hazards for Tenants in Germany

As a tenant in Germany, proving a health hazard in your flat can be crucial to prevent rent reductions, repair delays or wrongful eviction. This guide explains in plain terms which evidence matters — from photos and measurement logs to medical certificates — and how to start formal steps. It outlines practical actions: which authorities and courts are responsible, applicable deadlines and the forms you may need. The goal is to give you clear steps so you can assert your rights against the landlord securely and legally, without unnecessary risks. The text also shows how to document damage, respect deadlines and, if needed, prepare a complaint or lawsuit.

What counts as a health hazard?

A health hazard includes flat-related defects that can endanger physical health, such as severe mold, insufficient heating or toxic substances. Relevant landlord duties are set out in the German Civil Code (BGB), especially rules on tenancy obligations and defects.^[1]

• Photos of mold, moisture damage and visible defects.
• Measurement logs (moisture, air quality, device printouts).
• Medical certificates documenting health complaints.
• Witness statements from neighbors or cohabitants.

First steps: document and inform the landlord

Documentation is crucial: send a written defect notice to the landlord and set a reasonable deadline for remedy. In many cases, deadlines and formal requirements matter so you can later enforce rights such as rent reduction or damages.^[2]

• Observe deadlines: set a clear deadline for defect repair.
• Send a written defect notice by registered mail or email with confirmation.
• Obtain measurements and expert reports from qualified firms or independent experts.
• Contact the public health office for acute dangers.

If the landlord does not respond

If the landlord does not act or refuses measures, tenants have options: rent reduction, commissioning a specialist at the landlord's expense (self-help only under strict conditions) or filing a lawsuit at the competent local court. The local court (Amtsgericht) is usually the forum for initial cases.^[3]

• Rent reduction: a percentage reduction of rent while the defect persists.
• Self-remedy: hire a specialist if the deadline elapsed without effect (legal advice recommended).
• Contact advisory services or the health authority for acute hazards.

Forms and templates

Essential documents include a dated defect report and a written defect notice with a deadline. Sample termination or defect notice templates are available on the Federal Ministry of Justice portals and justice websites. Observe procedural rules in the Code of Civil Procedure (ZPO) when taking legal action.^[4]

FAQ

Can I reduce the rent immediately?

You can reduce the rent if the flat has a defect that impairs habitability or health. The amount depends on the degree of impairment; document the defect and inform the landlord in writing.

Who decides the rent reduction amount?

The amount is often based on comparable court decisions and the concrete extent of impairment; in disputes the local court decides.

What does the public health office do?

The public health office can assess dangers, order measurements and recommend measures to the landlord.

Anleitung

1. Step 1: Document the defect with photos, dates and measurement results.
2. Step 2: Send a written defect notice to the landlord with a deadline.
3. Step 3: Inform the public health office in case of acute health danger.
4. Step 4: Seek legal advice or file a claim at the local court if needed.

Help and Support / Resources

• Gesetze im Internet: BGB
• Gesetze im Internet: ZPO
• Federal Court of Justice (BGH)
• Federal Ministry of Justice

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1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] German Justice Portal — Court information
4. [4] Federal Ministry of Justice — Information and templates