Defect Notice for Tenants: Tenancy Law Germany

As a tenant in Germany you should know what an effective defect notice looks like and which deadlines apply. A clear written notice describes the defect, states the time and gives the landlord a reasonable deadline to remedy it. This enables rights such as rent reduction or self-remedy if the landlord does not respond. This guide explains in simple language sample forms, practical steps and which official forms you can use. It shows how to secure evidence, meet deadlines and involve the competent local court or other authorities if necessary. This helps tenants keep track of their rights and act properly in cases of repairs, heating or water damage. At the end you will find FAQs, a how-to for the correct procedure and official links to forms and courts.

What is a defect notice?

A defect notice is the formal notification of a defect to the landlord so that they fulfill their maintenance obligations.^[1] It should describe the defect precisely, state the date and location and set a clear deadline for remedy.

How do I formulate the defect notice?

Formulate it factually, precisely and completely. State the defect, since when it exists, how it affects you and the deadline you set. Attach photos, measurements or witness statements.

• Name a concrete deadline for remedy (e.g. "14 days from receipt").
• Describe the defect precisely and add supporting photos or logs.
• Mention possible legal consequences such as rent reduction without making unreasonable threats.
• Send the notice in writing with proof of delivery (e.g. registered mail or receipt confirmation).

What to do if the landlord does not respond?

If there is no remedy within the set deadline, you can react step by step: assert a rent reduction, carry out repairs yourself (self-remedy) or initiate legal proceedings. Check the prerequisites before reducing rent or commissioning work.^[2] The rules of the Code of Civil Procedure are relevant for court proceedings.^[3]

• Document ongoing impairments of use and, if applicable, calculate rent reduction.
• In case of immediate danger: commission damage limitation yourself and document costs.
• If necessary, file a lawsuit at the competent local court or contact the legal application office.

Frequently Asked Questions

How long does the landlord have to remedy the defect?

It depends on the defect; set a reasonable deadline (often 7–14 days) and document receipt of the notice.

When can I reduce the rent?

Rent reduction is possible if the usability is significantly impaired; document the type and extent of the defect and inform the landlord in writing.^[2]

Does the defect notice have to be in writing?

It is strongly recommended to send the notice in writing with proof of delivery so you have documented evidence.

How-To

1. Step 1: Describe the defect precisely with date and location.
2. Step 2: Attach evidence such as photos, measurements or logs.
3. Step 3: Set a clear deadline for remedy and request correction.
4. Step 4: Send the notice with proof of receipt and keep copies.
5. Step 5: If there is no response, consider rent reduction or court action at the local court.^[3]
6. Step 6: Seek legal advice or tenant support if needed.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) § 535 – landlord obligations
• Bürgerliches Gesetzbuch (BGB) § 536 – rent reduction
• Code of Civil Procedure (ZPO) – court procedures

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 — gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) § 536 — gesetze-im-internet.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) — bundesgerichtshof.de