Legionella Testing: Tenant Rights in Germany

As a tenant in a high-rise in Germany, legionella testing can raise questions and uncertainty. This article explains clearly what obligations landlords have, when measurements under the Drinking Water Ordinance are required^[1] and how to report findings or failures correctly. You will receive practical steps for reporting to the public health authority, guidance on documentation and when a rent reduction under tenancy law may be possible^[2]. I also name responsible authorities, possible deadlines and practical wording for letters to the landlord. In disputes I show when bringing a claim before the local court is relevant and which evidence is helpful^[3].

Landlord obligations

The landlord is responsible for the operation and maintenance of the drinking water installation and must arrange tests and, if necessary, disinfection. The Drinking Water Ordinance (TrinkwV) sets minimum requirements and reporting duties for elevated legionella values^[1]. Deadlines for results and repeat measurements are decisive; inform yourself in good time when samples are planned.

What tenants should do

As a tenant you should proceed systematically: request information about planned measurements, document emails and appointments and request written results. If measures are omitted or a finding indicates risks, report this to the local public health authority.

• Clarify dates and deadlines for measurements and results.
• Contact the landlord in writing first with a deadline.
• Document photos, emails and results carefully.
• If there is an acute hazard, report it to the public health authority and request confirmation of the report.

Rights for defects and rent reduction

If a significant defect exists, a rent reduction or damages may be possible; the legal foundations are found in the BGB for tenancy law and defect rights^[2]. Inform yourself in advance, collect evidence and set a reasonable deadline for the landlord to remedy the situation.

Frequently Asked Questions

Who pays for the legionella test?

Generally, the landlord bears the costs for required tests and measures to the drinking water system.

When should I inform the public health authority?

As soon as elevated legionella values are known or the landlord does not respond, you should inform the local public health authority.

Can I reduce the rent if no measures are taken?

Possibly yes; a rent reduction depends on the extent of impairment and requires documentation and setting a deadline.

How-To

1. Contact the landlord in writing and request information on measurement and results.
2. Set a reasonable deadline (for example, 14 days) for the submission of results.
3. Securely document all communications, photos and findings.
4. If there is no response or a health risk, report the case to the public health authority in writing.
5. If inaction continues, consider legal steps; the local court may need to be involved.

Help and Support / Resources

• Trinkwasserverordnung (TrinkwV 2001) - Gesetze im Internet
• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Federal Ministry of Health

1. [1] Trinkwasserverordnung (TrinkwV 2001) - Gesetze im Internet
2. [2] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) - Gesetze im Internet