Legionella Checks in Old Buildings: Tenant Rights Germany
As a tenant in Germany, you may be unsettled by suspected legionella in an older building. This article explains in plain language what rights and duties tenants and landlords have, how to write a defect notice correctly and which deadlines and authorities are relevant. You will receive practical steps for reporting, securing evidence and possible rent reduction, plus guidance on legal actions before the local court. The aim is that you can assess when to demand a legionella test, how to protect your health and which legal frameworks apply.[2]
What tenants need to know about legionella testing in old buildings
Landlords are obliged to operate drinking water installations to prevent health hazards from legionella. These duties arise from general maintenance and safety obligations in tenancy law and from the Drinking Water Ordinance.[1] As a tenant you should first inform the landlord in writing and send a written defect notice. Document changes in smell or water, measurement times and affected outlets with photos and dates.
What to do as a tenant
- notice: Send a formal defect notice to the landlord and request a legionella test within a reasonable period.
- evidence: Photograph visible water changes and note time, date and affected pipes as evidence.
- repair: If immediate measures are needed (e.g. flushing), request them immediately and demand written confirmation of execution.
- rent: Check your options for rent reduction if usability is impaired; document the extent and duration of the defect.
If the landlord does not react or the measures are insufficient, you can alternatively inform the health authority; it can order official investigations and measures. Court actions are usually brought before the local court; procedural rules follow the Code of Civil Procedure.[3]
FAQ
- Who pays for the legionella test?
- In principle the landlord bears the costs for investigations into drinking water safety, since it concerns maintenance and safety. Special circumstances or contractual agreements should be examined individually.
- Can I reduce the rent because of legionella?
- Yes, a rent reduction may be possible for significant impairments of usability. Documentation, setting deadlines and legal advice are important.
- What does the health authority do?
- The health authority can order samples, conduct measurements and impose measures on the landlord if there is a danger to public health.
How-To
- time: Report the suspicion immediately in writing to the landlord and set a clear deadline (e.g. 14 days) for a response.
- evidence: Collect evidence: photos, measurement times, notes and any witness statements.
- contact: Inform the local health authority if the landlord does not respond or if there are acute health risks.
- court: If no agreement is reached, prepare a lawsuit or seek legal advice; tenancy disputes are usually heard at the local court.
Help and Support / Resources
- contact: Official information on the Civil Code and tenancy law is available at the official legal portal.
- contact: Details of the Drinking Water Ordinance and sampling obligations are in the official ordinance text.
- contact: Procedural questions typically follow the Code of Civil Procedure and the competent court.
