Legionella Tests: Tenant Duties in Germany
Tenants have questions about rights, duties and procedures when legionella is suspected in drinking water. This guide explains in plain language which documents are useful, which deadlines to watch and which practical steps families in Germany can take. You will learn when the landlord must test, which proofs are helpful and how to report a defect in writing. The text also names responsible authorities and shows how to write a clear, dated defect notice, monitor deadlines and securely store documents so your claims are better enforceable in case of a dispute.
What tenants should know about legionella testing
Landlords are often responsible for preventive measures and drinking water testing under the Drinking Water Ordinance.[2] At the same time, general duties and rights from tenancy law under the BGB apply, e.g. regarding maintenance and defect remediation.[1] As a tenant you should inform, document and react promptly if you notice odors, visible issues, health complaints or official notices.
Important documents and forms
Keep the following documents ready or request copies from the landlord:
- Written notice from the landlord about upcoming tests or measures
- Laboratory report / test result after examination
- Your own defect notice to the landlord (date, description, photos)
- Correspondence or notes from phone calls with health authority or landlord
Deadlines and timelines
Watch deadlines so you do not lose rights:
- Deadline to send a written defect notice: as soon as possible, concretely: within a few days
- Deadline for landlord to investigate: depending on notice or property management, promptly
- Deadline for cleaning or remediation: usually recommended in the test report and should be documented
What to do in case of a positive finding or acute danger
If a measurement detects legionella, tenants usually follow these steps:
- Contact the landlord immediately and request measures in writing
- Request proof of disinfection, flushing or remediation
- Ask for temporary usage instructions (e.g. hot water temperature, shower guidance)
- If the landlord is inactive: consider consulting the local court or health authority[3]
How to write a defect notice
A written defect notice should be brief, dated and specific. State the problem, location, date, possible health effects and demand a deadline for remediation. Example: "Dear landlord, on [date] an unpleasant smell and notification of legionella testing were observed in the hot water. Please provide written measures and test reports within 14 days." Attach photos and lab reports if available.
Rights, possible rent reduction and legal steps
If the usability is impaired (e.g. limited water use), a rent reduction may be possible; legal bases are found in the BGB and the ZPO for court procedures.[1][3] Before termination or lawsuit seek advice and collect all evidence.
FAQ
- Who pays for legionella testing?
- Usually the landlord bears the costs for mandatory tests and necessary measures as part of maintenance.
- Can I leave the apartment or limit use?
- In cases of acute health risk follow the health authority's instructions; temporary usage restrictions may apply until measures are completed.
- What if the landlord does not respond?
- Document all communication attempts and consider seeking advice or initiating a claim at the local court.
How-To
- Document date, time and symptoms; take photos and collect notices.
- Write a dated defect notice to the landlord and request test reports within a deadline (e.g. 14 days).
- Notify the local health authority if there are health risks.
- Collect all laboratory reports and documents; make copies for your records.
- If the landlord remains inactive: prepare documents for a complaint or lawsuit and seek legal advice.
Help and Support / Resources
- BGB §§ 535–580a (Tenancy Law)
- Drinking Water Ordinance (TrinkwV)
- Federal Environment Agency – Legionella in Drinking Water
