Legionella Testing: Tenant Guide for Germany

As a tenant in Germany, you should know which rights and obligations apply during a legionella test. This guide explains clearly who is responsible for the inspection, which deadlines and access rules apply, and how to safely document and respond if problems arise. We name relevant laws and show practically when you can contact the landlord, the health authority, or the court. Examples help with correct behavior, such as how to allow inspectors or draft written defect notices. The goal is to give you, as a tenant, clear steps so that health protection and housing quality are preserved.

What is the legionella test?

The legionella test checks drinking water systems for the presence of legionella according to the Drinking Water Ordinance; landlords must have tests carried out regularly under the Drinking Water Ordinance^[2]. At the same time, tenancy law in the BGB regulates the landlord's duty to maintain the rented property in a contractually agreed condition; this implies duties for safety and prevention of health hazards^[1].

Tenant and landlord obligations

• The landlord bears the costs for the legally required legionella test and necessary remediation measures.
• The tenant must allow access to the apartment and water connections at the agreed time so measurements can be taken.
• Test reports must be kept and the tenant must be given access on request.
• If legionella are detected, technical measures to eliminate the cause must be carried out by the landlord.

Forms and practical examples

For many steps there are official templates or guidance: sample termination letters or sample defect notification letters can be found at the Federal Ministry of Justice and Consumer Protection; use such templates to set deadlines clearly and to document claims in writing^[3]. Example: Send a defect notice with a deadline (e.g., 14 days) to the landlord and request written confirmation before considering further steps.

How tenants should react to a positive test

If the test detects legionella, inform the landlord immediately and document findings and communications. Demand measures and a deadline for remediation. In concrete cases, rent reduction, contacting the health authority, or legal action may follow. If there is a health risk, contact the local health authority and keep all test reports and photos.

Frequently Asked Questions

Who pays for the legionella test?

As a rule, the landlord pays for the legally required test and necessary remediation.

What can I do if the landlord does not act?

Document defects, set a reasonable deadline and, if necessary, inform the health authority or the local court to enforce your rights.

Can I reduce the rent?

If the usability is demonstrably impaired, rent reduction may be possible; check the amount and justification with legal advice if necessary.

How-To

1. Contact the landlord immediately and request written confirmation of the planned measures.
2. Document test results, appointments, photos and all messages as evidence.
3. Write a formal defect notice with a deadline (e.g., 14 days) and send it by registered mail or email with delivery confirmation.
4. Check whether rent reduction or cost reimbursement is an option and keep receipts ready.
5. If the landlord refuses, contact the competent local court or have it legally reviewed whether a lawsuit is necessary.
6. In case of acute health danger, inform the local health authority immediately.

Help & Support

• Bürgerliches Gesetzbuch (BGB)
• Drinking Water Ordinance (TrinkwV)
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Trinkwasserverordnung (TrinkwV)
3. [3] Bundesministerium der Justiz und für Verbraucherschutz (BMJ)
4. [4] Information on local courts and responsibilities