Keep Escape Routes Clear: Tenant Rights in Germany
Which documents should tenants collect?
For cases where escape routes in high‑rise buildings are blocked or improperly used, these documents are practical and important:
- Written defect notification to the landlord (date, location, description).
- Deadline letter with a clear deadline for removal.
- Photos and videos of the obstruction as evidence.
- Names and contacts of witnesses, e.g. neighbors who confirm the obstruction.
- Handover or inventory reports if relevant to the use of common areas.
Which deadlines apply and how do you set them?
There is no uniform federal deadline for every case; as a tenant you set a reasonable deadline for removal and document sending and receipt. The landlord's duties arise from the lease and from the BGB[1], especially regarding maintenance and the guarantee of usability.
- Immediate report in case of acute danger (e.g. blocked escape routes during fire risk).
- Common deadline for removal: 7–14 days depending on urgency.
- If there is no response: set a written follow‑up deadline and threaten further steps.
Practical example: defect notification and deadline
Example: A bicycle regularly blocks a stair section used as an escape route. Write a defect notification: date, exact location, attach photos, set a 10‑day removal deadline. Send the letter by registered mail or by email with read receipt and note receiving times.
Forms and court templates
There is no single nationwide "escape route form"; tenants typically use a written defect notification and, if necessary, complaints under the ZPO for continued non‑response[2]. For legal steps, the local court (Amtsgericht) is responsible; there you can find information on jurisdiction and procedures[3].
Frequently Asked Questions
- What are the landlord's duties when escape routes are blocked?
- The landlord must remove defects and ensure safety; this follows from the general maintenance obligations of the lease and the rules in the BGB.[1]
- Which pieces of evidence are most effective?
- Photos, videos with timestamps, written emails, witness statements and an inventory report are particularly helpful.
- What can I do if the landlord does not respond?
- Set a written follow‑up deadline, document everything and consider legal action or reporting to the competent authority if inactivity continues; legal action follows ZPO rules.[2]
How‑To
- Step 1: Report the defect in writing and attach photos.
- Step 2: Set a reasonable deadline for removal (e.g. 7–14 days).
- Step 3: Collect evidence: photos, witnesses, reports.
- Step 4: If the landlord does not respond, inform the local court or report the hazard to the responsible authority.
Help and Support / Resources
- Gesetze im Internet – Legal texts including BGB and ZPO
- Federal Ministry of Justice (BMJ)
- Justice portal – Information on local courts
