Report Defects Correctly: Tenant Rights Germany
As a tenant in Germany, you often face the challenge of reporting defects correctly and within deadlines so repairs can be made and rent reductions may apply. This guide clearly explains which documents you should collect, which deadlines under the BGB[1] apply and which official forms or proofs are helpful. I describe step by step how to report defects in writing, which deadlines to observe, how to secure evidence and when a visit to the local court may be necessary. The aim is to make your rights as a tenant understandable, provide practical templates and show how to resolve disputes with the landlord fairly but firmly. Quick tips for securing evidence follow.
What belongs in a defect report?
- Written defect report with date, precise description and deadline for remedy.
- Photos and videos (photo, video) documenting the damage and extent.
- All emails or registered letters (mail) to the landlord as proof of contact.
- Bank statements or payment receipts if rent reduction or retention is to be considered (payment).
Deadlines and legal basis
Common deadlines are governed by the provisions of the BGB and the ZPO if court clarification is necessary[2]. Report defects promptly in writing with a clear deadline for remedy; typical deadlines are 14 days but may vary. Secure evidence immediately, record date and time and note witnesses.
How to proceed formally
- Write a formal defect notice with date, description, deadline and request for confirmation.
- Attach photos and short videos as evidence and keep copies of the files.
- Set a reasonable deadline (e.g., 14 days) and state which measures you will take if nothing happens.
- If escalation occurs, you can file a lawsuit at the competent local court; observe the ZPO for the procedure[2].
Examples of forms and templates
There is no uniform nationwide form for defect reports, but sample texts and official complaint forms are available for court steps. For example, for filing a lawsuit the court's official form is used; check the requirements of the competent local court beforehand.
FAQ
- How do I document the defect correctly?
- Take photos and videos, save dates, note witnesses and retain all messages to the landlord.
- Can I reduce the rent if the landlord does not respond?
- Yes, under certain conditions a rent reduction is possible; the amount depends on the extent of the impairment and current case law.
- Where do I turn if there is a dispute?
- Intractable conflicts are handled by the competent local court as the first instance; higher instances are the regional court and the BGH for fundamental questions[3].
How-To
- Write a formal defect notice: date, description, deadline, request for remedy.
- Collect evidence: photos, videos, witness statements and written correspondence.
- Set a deadline and give the landlord a reasonable time (e.g., 14 days) to fix the issue.
- If necessary, file a claim at the local court and follow ZPO procedures.
