Legionella Testing in Old Buildings: Tenant Rights in Germany

As a tenant in Germany, you should know how legionella testing in old buildings is documented and what rights you have. This practical guidance explains the landlord's duties under tenancy law and the Drinking Water Ordinance, how to securely archive test reports, appointments and communications, and what to do if results are missing or defects occur. The guide is written for non‑lawyers and shows step by step how to collect evidence, prepare a formal defect notice, set deadlines and seek legal help if necessary.

Landlord obligations and legal basis

Landlords are required to operate the water supply to minimize health risks from legionella; the Drinking Water Ordinance regulates testing intervals and reporting obligations. In addition, the general maintenance and protection duties of the landlord under tenancy law apply, as regulated in the BGB.^[1][2]

How to document legionella testing

Documentation protects your rights. Collect test reports, appointments, emails and photos and keep a short log with date, time and people involved.

• Collect written test reports and attachments as PDFs or photos.
• Note down sampling dates and when you requested results.
• Keep copies of written and telephone communications with the landlord or property manager.
• Document defects in the hot water system with photos and descriptions.

Forms and templates — what tenants need

There is no single nationwide template for many steps, but common forms and letters include:

• Defect notice (informal letter to landlord, with date, description and deadline).
• Termination letter (for serious, unresolved health hazards; sample texts are available from federal ministries).
• Application for enforcement or eviction filings: forms and submission are handled by your local Amtsgericht.

Practical steps for tenants

Here is the usual sequence to follow if you face missing or incomplete testing:

1. Request the test reports in writing and give a 14‑day deadline.
2. If there is no response, send a formal defect notice and set a follow‑up deadline.
3. Contact the local health authority if there is an immediate health risk.
4. If necessary, prepare documents for legal action and contact the Amtsgericht or legal advice services.

Frequently Asked Questions

Who pays for legionella testing?

Generally the landlord is responsible for carrying out and bearing the costs of mandatory tests, as they concern the safe operation of the drinking water system.

Can I reduce my rent due to missing tests?

A rent reduction may be possible if usability or health is affected; assess the situation with evidence and deadline-setting.

When should I involve the health authority?

If there is an immediate health risk or the landlord fails to act after requests, the local health authority should be informed.

How‑to

1. Collect all available documents (reports, photos, appointments).
2. Send a formal defect notice to the landlord and set a clear deadline.
3. Notify the health authority if there is an acute danger.
4. Prepare documents and contact the Amtsgericht or legal advice if needed.

Help and Support / Resources

• Drinking Water Ordinance (TrinkwV) — legal provisions
• German Civil Code (BGB) — tenancy law
• Information on courts and jurisdictions (Federal Ministry of Justice)

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Trinkwasserverordnung (TrinkwV)
3. [3] Zivilprozessordnung (ZPO)
4. [4] Federal Ministry of Justice: Information on courts