Imminent Danger 2025: Tenant Evidence Germany
If, as a tenant in Germany, imminent danger arises — for example an acute water damage, heating failure or dangerous electrical fault — quick, correct action matters. This text clearly explains which documents to collect, which deadlines apply for notices or self-help measures, and how to protect your privacy against a landlord's right of entry. You will get practical steps for evidence collection (photos, timestamps, witnesses), guidance on official forms and contacts such as the local court[3], and tips for secure communication. The goal is for tenants to know their rights under tenancy law and to be able to act in emergencies — without complex legalese, but with the most important legal sources from Germany.
What does "imminent danger" mean?
"Imminent danger" describes a situation where immediate intervention is necessary because otherwise significant damage or danger would occur. For tenants, this can mean: acute health risk from mold, immediate water leakage, or fire risk. In such cases, measures may be taken even without the formal consent of the landlord, for example to stop further danger.
Which documents should tenants collect?
- Photos and videos with date/time stamps that clearly show the damage and hazard.
- Date and time records of discovery, notice to the landlord and measures taken.
- Written defect notices or emails to the landlord (keep copies).
- Names and contact details of witnesses, craftsmen or neighbors.
- Cost estimates or invoices if you arrange repairs (self-help).
Deadlines & forms
In cases of imminent danger, very short deadlines often apply: report damages immediately in writing and request remediation within a clear deadline. In serious cases, an application for a preliminary injunction or a lawsuit at the competent local court may be necessary.[1][2]
- Application for a preliminary injunction (ZPO): When an immediate judicial intervention is necessary to prevent further damage. Example: heating failure in winter with health risk; you apply for a quick provisional order for temporary repair.
- Lawsuit for remediation or damages at the local court: For permanent decisions, e.g., if the landlord does not respond. Example: water damage leading to renovation costs that you claim as compensation.
Privacy & landlord entry rights
Landlords do not have a blanket right to enter at any time. For routine inspections they generally need your consent or must announce in due time. However, in cases of imminent danger entry may be permitted to avert damage; document date, time, reason and attendees in such situations as well.
Evidence preservation: practical tips
- Photograph and record short videos promptly, ideally with visible timestamps.
- Save correspondence as PDFs and archive emails and SMS messages.
- Record witnesses and note contact details.
- Keep invoices and cost estimates to document expenses.
Frequently Asked Questions
- What can I do if the landlord does not respond?
- Send a written defect notice with a deadline, secure evidence and consider legal steps (preliminary injunction or lawsuit at the local court).[2]
- May the landlord enter the apartment without notice if it is urgent?
- In acute danger, entry to avert damage is permitted; document time and reason immediately.
- What role does the local court have in disputes?
- The local court is the first instance for many tenancy disputes such as eviction suits or claims for damages.
How-To
- Step 1: Document the damage immediately (photos, videos, date/time).
- Step 2: Send a written defect notice to the landlord and set a clear deadline.
- Step 3: Contact witnesses and secure contact details.
- Step 4: Document costs and, in acute danger, carry out necessary immediate measures; keep invoices.
- Step 5: If there is no response, consider legal action and possibly file a lawsuit/application at the local court.
Help and Support
- Civil Code (BGB) and other laws
- Code of Civil Procedure (ZPO) – court proceedings
- Federal Court of Justice (BGH) – relevant rulings
