Legionella Checks for Tenants in Germany 2025

As a tenant in Germany, you may be required or entitled to participate in a legionella check or to request information from the landlord. This text explains in plain language which duties landlords and tenants have, which deadlines apply and which official forms are used. You will read practical steps on how to document test results, react to elevated values and protect your home. You will also learn when rent reduction grounds or a contact at the local court become relevant. The aim is that, as a residential tenant in Germany, you know your rights, meet necessary deadlines and can carry out formal steps safely. At the end you will find a how-to guide, an FAQ section and links to official forms and courts in Germany.

What is a legionella check?

A legionella check is an examination of drinking water in buildings to determine the risk from legionella. In Germany, the Drinking Water Ordinance regulates the duties for testing, documentation and action when limits are exceeded^[1]. Test results must be recorded and in many cases made available to the health authority.

Duties of landlord and tenant

For residential premises, the landlord is usually responsible for the safety of the drinking water system; tenants must grant access for tests and follow landlord instructions. Specific duties derive from the tenancy agreement and the BGB, in particular regarding maintenance and defect remediation^[2].

Landlord duties

• Carry out maintenance and repairs of water systems.
• Organize tests according to the Drinking Water Ordinance and keep records.
• Document and store test results.

Tenant duties

• Allow access to the apartment for testing.
• Keep results and information from the landlord and pass them on if necessary.
• Inform the landlord and health authority in case of health problems.

Deadlines and forms

The Drinking Water Ordinance sets deadlines for recurring tests and measures; affected property owners must observe these deadlines and keep evidence available^[1]. Official sample protocols and technical guidance are provided by the Federal Environment Agency, for example on sampling and reporting.

Important forms and documents (examples):

• Drinking Water Ordinance (TrinkwV) - legal provisions and annexes (regulations on testing and duties).
• Sample protocol and sampling guidance - Federal Environment Agency (UBA) (technical instructions and protocol examples).

What to do if values are elevated?

If legionella values are elevated, the landlord must take measures to mitigate the danger. As a tenant you should:

• Copy and securely store the test protocol.
• Send a written request to the landlord to remedy the defect.
• If there is no response, inform the competent local court or health authority and consider further steps^[3].

Rights: rent reduction and legal steps

In case of significant impairment of the usability of the apartment, tenants may be able to reduce rent under tenancy law. For formal disputes, the local court (Amtsgericht) is competent; appeals can reach higher courts including the Federal Court of Justice^[2].

FAQ

Who pays for the legionella check?

Generally the landlord bears the costs for mandatory inspections of the drinking water system; individual lease agreements may provide exceptions.

Can tenants arrange the test themselves?

Tenants can ask the landlord to arrange a test; independent tests should be coordinated with the landlord to avoid evidentiary issues.

When is rent reduction possible?

If the use of the dwelling is demonstrably restricted due to health risks, rent reduction may be an option; first communicate in writing with the landlord and document findings.

How-To

1. Check the test protocol and note date and values.
2. Send a written request to the landlord and set a deadline.
3. Inform the health authority if there is no response and hand over copies of the documents.
4. Seek legal advice if problems persist and prepare a claim at the local court.

Help and Support / Resources

• Federal Ministry of Health (BMG) - drinking water information
• Federal Environment Agency (UBA) - technical guidance and sample protocols
• Gesetze im Internet - Drinking Water Ordinance and BGB

1. [1] Trinkwasserverordnung (TrinkwV) - gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
3. [3] Information on local courts (Amtsgerichte) - justiz.de