Index Rent and Health Risk – Tenants in Germany

As a tenant in Germany you may encounter health risks under an index rent agreement such as mold, faulty heating or water damage. This article explains clearly how to identify damage, which evidence matters and which official forms and deadlines you must observe. We describe concrete steps for reporting defects to the landlord, options for rent reduction, and when and how termination or a lawsuit at the local court may be appropriate. I also show which legal bases (e.g. §§ 535–536 BGB)^[1] apply and where to turn for support. The aim is to give you, as a tenant, practical, legally secure options in Germany. I name relevant forms, explain deadlines for defect notices and how to document photos, logs and witnesses. At the end you will find FAQs, a how-to and pointers to authorities and courts in Germany.

What is a health risk under index rent?

A health risk exists when defects in the apartment can affect health, for example persistent mold infestation, missing or defective heating during the heating season, or contaminated drinking water. Index rent only changes how rent is calculated, not the landlord's duty to maintain the apartment in a condition suitable for contractual use. Document symptoms and conditions carefully to substantiate your claim.

First steps for tenants

• Within 14 days (within 14 days) send a written defect notice to the landlord and set a deadline for remediation.
• Document photos, videos and measurement reports as evidence and note the date.
• Use templates or sample letters and send them by registered mail (^[3]) so receipt is provable.
• Record minor repairs (repair) where possible; claim costs back only after legal review.

If the landlord does not respond

If the landlord does not respond, several steps are possible: rent reduction, setting a deadline with threat of legal steps, commissioning an expert, or as a last resort filing a lawsuit at the competent local court.^[2] Rent reduction requires that the defect is significant and properly documented. Before withholding payments seek legal advice or a lawyer's assessment.

Preparing for legal action

• Collect all evidence: photos, videos, measurement reports and medical records (evidence).
• Keep a defect diary with date, time and witness details (record).
• Note all communication with the landlord and prepare documents for the local court (court).
• Seek legal or tenant-advice help to review your documents (contact).

FAQ

Can I reduce the rent if mold arises from missing heating?

Yes, if the impairment is significant a rent reduction is possible. Document the extent and timing of the damage, set a reasonable deadline for the landlord to remedy it and inform yourself about the reduction percentage. Observe §§ 535–536 BGB.^[1]

Do I have to pay if the landlord delays remediation?

Continuing to pay rent is generally advisable; instead consider reducing the rent or documenting substitute measures. If in doubt, seek legal advice.

Where can I go if a lawsuit arises?

Rental matters are usually handled by the local court. Information on jurisdiction and procedure can be found at the relevant justice authorities.^[2]

How-To

1. Step 1: Immediately document the defect with dates (photos, videos, date).
2. Step 2: Send a written defect notice to the landlord with a deadline (registered mail).
3. Step 3: Gather evidence: logs, witnesses, medical certificates.
4. Step 4: Contact advisory centers or a lawyer to have documents reviewed.
5. Step 5: If remediation does not occur, consider filing a claim at the local court.^[2]
6. Step 6: After successful remedy or judgment enforce claims and keep records.

Help and Support

• §§ 535–536 BGB (Gesetze im Internet)
• Federal Ministry of Justice (BMJ)
• Federal Office of Justice

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesamt für Justiz – Informationen zu Gerichten
3. [3] Bundesministerium der Justiz – Formulare und Muster