Prove Health Hazard: Tenant Rights Germany

As a tenant in Germany, acute health hazards such as mold, water damage or dangerous contaminants can quickly become a problem. This guide explains clearly and practically which rights tenants have, how to systematically document defects and health hazards, and which deadlines and legal bases must be observed. I describe which evidence (photos, measurement reports, witnesses) is admissible, which forms or written notifications may be important, and how the local court proceeds in disputes. The goal is to give you, as a tenant, understandable steps so that you can optimally collect evidence and confidently initiate legally secure actions against the landlord. The following chapters show practical checklists, hints for measurements and templates for written defect notifications.

Legal framework

Tenancy law in Germany mainly regulates the duties of landlords and tenants in the provisions of the German Civil Code (BGB), especially regarding defects, maintenance and rent reduction (Sections 535–580a BGB)^[1]. In the case of serious health hazards, the tenant can set a deadline for remedy, reduce rent or, in exceptional cases, terminate without notice if a danger is not remedied. The local court (Amtsgericht) is initially responsible for tenancy disputes; higher instances are the regional court (Landgericht) and, if applicable, the Federal Court of Justice (Bundesgerichtshof)^[2].

How to prove a health hazard

• Take dated and timestamped photos (evidence) of mold, dampness and peeling surfaces.
• Obtain measurement reports (evidence) for moisture, particles or contaminants from certified laboratories or experts.
• Send a written defect notice to the landlord (form) and set a deadline for remedy.
• Document contacts (call) with health authorities, family doctors or local experts and request expert reports.
• Collect witness statements (evidence), for example from neighbors who can confirm symptoms or observations.

Practice: evidence collection and forms

Start with a written defect notice to the landlord and set a reasonable deadline for remedy. Keep copies of all letters, photos and reports. Useful forms and templates include: written defect notice (no official mandatory form), a sample termination letter for tenants and the application for legal aid (PKH) for financial support in court proceedings if necessary^[3]. If possible, have measurements carried out by accredited laboratories or publicly appointed experts to strengthen evidentiary value.

Escalation steps

1. Set a deadline (deadline): Formulate a clear deadline in the defect notice and name the desired remedial action.
2. Legal action (court): If the landlord does not provide remedy, a lawsuit can be filed at the competent local court.
3. Submit documentation (form): Provide photos, expert reports and copies of defect notices as evidence.
4. Seek support (call): Contact the health authority or legal advice if necessary.

FAQ

Can I reduce the rent if a health hazard exists?

Yes, if living quality is impaired by mold or contaminants, rent reduction is possible; the amount depends on the degree of impairment.

Do I have to give the landlord time to repair first?

As a rule, you must give the landlord a reasonable period to remedy; only in acute hazardous cases can termination without notice be justified.

Which authority can support contaminant measurements?

The local health authority can advise; for reliable measurements, independent laboratories or publicly appointed experts are recommended.

How-To

1. Send a written defect notice (deadline): Describe the damage, effects and set a deadline, e.g. 14 days.
2. Collect evidence (evidence): Arrange photos, measurement reports and witness statements chronologically.
3. Order an expert (form): If causes are unclear, commission an independent expert report.
4. Check legal options (court): Prepare documents for a claim at the local court if remedy is not provided.

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Information on courts and jurisdictions (justiz.de)
• Federal Court of Justice (BGH) – official site

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Justice Portal Germany – information on courts
3. [3] Federal Court of Justice (BGH) – official site