Legionella Checks: What Tenants in Germany Need

As a tenant in Germany you should know what a legionella check is, what landlord obligations exist and how you can protect yourself. Legionella are bacteria in water that can pose health risks if drinking water systems are not properly maintained. This article explains in plain language which checks take place in residential buildings, how landlords must ensure safety and what immediate steps you as a tenant should take if you suspect a problem. We describe practical actions, deadlines and wording for letters to the landlord as well as the route to authorities and courts so you can enforce your rights. Relevant laws and official contact points are named so you can check concrete sources.

What is a legionella check?

A legionella check includes taking and analysing drinking water samples from buildings with central hot water systems. The aim is to detect possible legionella contamination and prevent outbreaks. Checks are carried out regularly according to local requirements and when there is justified suspicion, for example unusual smell, visible deposits or repeated illnesses in the community of residents.

What are the landlord's obligations?

Landlords must keep the rental property fit for its intended use and ensure the safety of the drinking water system. The legal basis is found in the BGB for tenancy agreements and in specific regulations on drinking water hygiene.^[1] If a landlord fails to fulfil inspection and maintenance duties, tenants can demand measures and possibly reduce rent.

Key steps for tenants

• Contact the landlord in writing and request an immediate inspection.
• Document smell, color, photos and times when problems occur.
• Set a reasonable deadline for remediation and request written confirmation.
• If there is acute health risk, limit use and seek medical advice.
• If the landlord does not act, consider legal action at the competent local court.^[2]

Forms and templates

There are no uniform federal official forms for a defect notification; usually a clearly worded letter or e-mail describing the issue, requesting inspection and setting a deadline is sufficient. In court proceedings documents are filed according to the ZPO; information on procedures can be found at the justice authorities.^[2] As an example you can write: "I hereby request that you have the drinking water system inspected for legionella by [date]." State facts, deadlines and request confirmation.

Frequently Asked Questions

Who pays for the inspection?

Generally the landlord bears the costs for inspections and necessary remediation because they are responsible for the safety of the system.

Can the landlord demand access to the flat?

Yes, the landlord may request access for inspections and repairs; however, reasonable notice must be given.

Can I reduce the rent?

If there are significant impairments due to suspected legionella, a rent reduction may be possible; document defects and consult legal advice if in doubt.

How-To

1. Notify the landlord immediately in writing and request a legionella inspection.
2. Document findings: photos, date, time and description of abnormalities.
3. Set a reasonable deadline (e.g. 14 days) for the inspection and request feedback.
4. In case of acute danger limit use and inform the public health office or your doctor.
5. If there is no response prepare documents for a possible procedure at the local court.^[3]

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Federal Ministry of Justice (information on tenancy law)
• Federal Court of Justice (case law)

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Justizportal des Bundes und der Le4nder