Proving Health Hazards: Tenants in Germany
Many students and other tenants in Germany face the question of how to credibly prove a health hazard in their flat. This guide explains in plain language which evidence (photos, measurements, medical reports) helps, how to notify the landlord in writing and which legal bases apply. It also shows when the public health office, the local court or higher authorities may be involved and which forms or pleadings are relevant. The goal is that as a tenant you know clear steps, observe deadlines and can enforce your rights under tenancy and civil procedure law.
How to prove a health hazard
Start with careful documentation: dated photos, description of symptoms, measurements (e.g. humidity), medical reports and witness statements. Create a chronology: date, time, place, observed defect and which rooms are affected. Keep emails, texts and registered mail receipts. Good documentation increases your chances in rent reduction cases or court proceedings.
Defect notice to the landlord
Inform the landlord in writing and request remedy. Draft a clear defect notice with a deadline for repair (e.g. 14 days) and document sending. Name concrete health hazards (mold, spores, lack of heating, burst pipe) and request prompt repair or measurements. A template for a written defect notice can help; legally binding are the obligations from the German Civil Code (BGB) regarding tenancy and defect rights[1].
When to involve the public health office or an expert
For acute health hazards (severe mold infestation, toxic substances, missing heating in winter) notify the responsible public health office and request a hazard assessment. The public health office can take samples or issue recommendations that are useful as evidence. If needed, obtain an independent expert report; its costs can be crucial in disputes.
Who tenants can turn to legally
If the landlord does not respond, the next step may be a written warning of rent reduction or filing a lawsuit at the competent local court. Civil procedure rules apply to legal actions under the Code of Civil Procedure (ZPO), especially for filing a claim and taking evidence[2]. In tenancy disputes, the local court is the first instance; appeals go to the regional court and fundamental issues are decided by the Federal Court of Justice.
- Photos and dates: Each image should indicate date and room.
- Written defect notice: Document dispatch method and deadline for remedy.
- Expert report: Request professional measurement if unclear.
- Contact public health office: Report acute risks and request inspection.
Rights and possible steps
As a tenant you may reduce rent, claim damages or, in severe cases, terminate the lease without notice. Immediate termination generally requires significant misconduct or an unresolved health hazard; check the requirements carefully and document everything. Legal advice often helps, especially before filing a claim at the local court.
FAQ
- How do I start proving the hazard?
- Begin with photos, dated notes, medical reports and send a written defect notice to the landlord; at the same time you can inform the public health office.
- Can I reduce the rent if the landlord does not respond?
- Yes, for significant defects rent reduction is possible; the amount depends on the defect and you should document and inform the landlord in writing.
- Who do I contact in case of immediate danger?
- In case of immediate health danger contact the public health office first and document everything in writing to force quick remedy.
How-To
- Document: Collect photos, measurements, dates, rooms and medical statements if applicable.
- Send defect notice: Write to the landlord with a deadline (e.g. 14 days).
- Inform public health office: Report acute hazards and request inspection.
- Legal steps: If ignored, consider lawsuit at the local court and submit evidence.
- Keep records: Store all documents, emails and receipts safely.
Help and Support / Resources
- Gesetze im Internet: BGB (Tenancy law, §§535–580a)
- Gesetze im Internet: ZPO (Civil procedure)
- Federal Ministry of Health (public health information)
