Legionella Testing: Tenant Guide Germany 2025
What tenants should know
Many tenants in Germany face questions when a legionella test is announced or a suspicion of legionella exists. This guide explains in plain language what duties landlords have under the Drinking Water Ordinance, what rights tenants can use, and how you as a tenant can request inspection reports or information. You will learn which deadlines apply, when a rent reduction may be considered and which authorities are responsible for drinking water and health[1]. The text contains practical steps, sample letters to the landlord and tips on documenting defects so that you remain informed and able to act.
Legal basis and authorities
The key legal basis is the Drinking Water Ordinance (TrinkwV), which contains requirements for testing obligations and reporting duties. Health offices and the competent authorities at state level are responsible for control[1]. For general legal questions about tenancy relations, the local courts (Amtsgerichte) are responsible; for higher-level legal questions, regional courts and the Federal Court of Justice may decide[3].
Landlord's formal obligations
- Landlords must arrange regular tests and samplings according to the deadlines of the Drinking Water Ordinance.
- If anomalies occur, there is a duty to report to the health office and the results must be documented.
- Landlords must inform tenants if investigations take place or findings are relevant to health.
As a tenant: steps for announced or confirmed legionella testing
If you are informed as a tenant or suspect a finding, a structured approach helps. Keep all notices and test results, note dates and collect evidence such as photos, emails and reports. Request access to inspection reports and sampling records and contact the health office if there is a health risk.
- contact Notify the landlord in writing to provide the inspection report and set a deadline, e.g. 14 days.
- notice Request copies of measurement protocols and reporting documents from the landlord.
- evidence Collect photos, date/time and witnesses if water problems are visible.
- call Inform the local health office if there are acute health risks or the landlord does not respond[4].
Rent reduction and legal steps
A rent reduction may be possible if the usability of the apartment is impaired. Before reducing rent, you should notify the landlord in writing of the defect and give the landlord a reasonable deadline to remedy it. If the landlord does not react, you may be able to reduce the rent or claim remediation costs yourself — always document carefully and seek legal advice if necessary.
Frequently Asked Questions
- Who pays for the inspection?
- As a rule, the landlord bears the costs for legally required legionella tests under the Drinking Water Ordinance, since these belong to the safety of the rented property.
- Can I as a tenant request access to test results?
- Yes, tenants can request access to inspection reports and measurement protocols, as this information concerns the safety of the dwelling.
- What if the landlord does not respond?
- Contact the health office and document your inquiries in writing; next steps can include tenant association advice or filing a suit at the local court[3].
How-To
- contact Inform the landlord in writing and request the inspection report within a clear deadline (e.g. 14 days).
- notice Request copies of measurement protocols and reporting documents.
- call Report acute health risks to the health office and ask for an inspection of the situation[4].
- evidence Collect evidence: photos, messages, witnesses and keep track of dates.
- court Consider legal action at the local court if the landlord does not fulfill obligations after deadlines[3].
Key Takeaways
- evidence Keep all documents and communications safe.
- contact Contact the health office in case of acute danger.
- notice Request inspection reports and reporting documents in writing.
Help and Support
- Robert Koch Institute: Information on legionella
- Drinking Water Ordinance (TrinkwV) - gesetze-im-internet.de
- Federal Ministry of Health (BMG)
