Legionella Checks for Tenants in Germany
As a tenant in Germany, legionella testing plays an important role for your health and housing safety. When tap water or hot water systems are affected, questions arise about the landlord's and tenant's duties, deadlines, documentation and the right actions, for example during measurements or complaints. This guide explains in plain language which rights you have, how to report defects in writing and which evidence (photos, reports) is useful. You will receive a practical checklist, information on responsible authorities and concrete steps if the landlord does not react. The legal foundations (BGB, Drinking Water Ordinance) and the role of the health authority are briefly explained so you know when to involve which instance. Concrete wording suggestions for a defect notice are included.
What tenants in Germany need to know
Landlords are generally obliged under the Civil Code (BGB) to maintain the dwelling; this includes ensuring safe drinking water conditions and remedying health hazards.[1] In addition, the Drinking Water Ordinance regulates the requirements for legionella testing and documentation.[2] If elevated values are found, the health authority and the operator are informed; the health authority can order measures or request samples.[3]
Practical checklist for tenants
- Check deadlines: Note dates of testing, result notifications and legal deadlines.
- Secure photos and reports: Keep photos of the tap, test reports and email responses.
- Send a written defect notice to the landlord: Record content, date and any replies.
- Contact the health authority if the landlord does not respond or if there is an acute hazard.
- Access appointments: Request timely notice and limit unauthorized entries.
- If inaction continues: Consider filing an action at the local court.
Tenants should write a clear defect notice: describe the problem, give dates and attach evidence. Request a deadline for remediation and state that you will inform the health authority if there is no response.
Rights, duties and authorities
The landlord is responsible for conducting tests and remedying detected defects. When samples are taken, results must be communicated to the operator or landlord and, in certain cases, to the health authority.[2] The health authority is the contact point for health risk assessments and can order measures; in disputes the local court (Amtsgericht) has jurisdiction, appeals go to the regional court and ultimately the Federal Court of Justice.[4]
Frequently Asked Questions
- Who pays for the legionella test?
- In general, the landlord bears the costs for legally required tests and remediation measures.
- Can I reduce rent if problems are not fixed?
- Rent reduction is possible for significant impairments of usability; document the defect and notify the landlord in writing.
- Who do I contact with health concerns?
- The local health authority assesses health risks and can order measures.
How-To
- Write: Draft a written defect notice to the landlord with date, description and evidence.
- Collect evidence: Take photos and save all messages and test reports.
- Inform authority: Report the situation to the health authority if there is no response.
- Enforce rights: Seek advice and consider court action at the local court if inaction persists.
Help and Support / Resources
- German Law Portal: Civil Code (BGB).
- Drinking Water Ordinance (TrinkwV) – legal text.
- Federal Environment Agency: Information on water and legionella.
