Defect Notices & Rent Reduction for Tenants in Germany

As a tenant in Germany you may sometimes face a broken heating system, mold or water damage. In such cases a clear defect notice with photos as evidence, precise deadlines and documented communication with the landlord help. This guide explains in plain language how to report defects correctly, which mandatory details and deadlines apply, how to calculate rent reduction and which official forms or proofs may be required in court. We also explain which evidence photos are useful, how to calculate deadlines correctly and when it becomes necessary to go to the local court. We provide concrete wording templates, present typical practical cases for families and give step‑by‑step instructions for safe conduct up to the local court. The goal is to strengthen your rights as a tenant and resolve conflicts out of court where possible.

What is a defect notice?

A defect notice is the formal notification to the landlord that the apartment is defective and what remedy you expect. Under § 535 BGB the landlord must maintain the rental property in a condition suitable for contractual use, so the notice is the basis for repair or rent reduction.^[1]

Collecting photos and evidence correctly

Photos, date stamps and accompanying notes are often decisive. Pay attention to clear, dated images and add a short log with location, time and observed damage.

• Take photos with a date and from multiple perspectives to show scope and location.
• Keep a short damage log: date, time, room, description and witnesses.
• Collect invoices, tradesmen reports and emails as supporting evidence.
• Keep copies of all correspondence and send notices with proof of delivery (e.g., registered mail).

Deadlines, forms and procedures

Give the landlord a reasonable deadline to remedy the defect and inform yourself about civil procedural steps if there is no response. The Code of Civil Procedure (ZPO) governs court proceedings, and there are official forms for eviction or payment claims.^[2] For template texts and formal requirements, use official sources.^[4]

Practice: Calculating rent reduction

The amount of rent reduction is determined by the extent to which the apartment's usability is impaired. The law contains no fixed percentages; courts, notably the BGH, have developed guidelines that can be applied. Document the scope and duration of the defect meticulously to justify the reduction percentage.^[3]

Practical cases for families

In cases of moisture-related mold or heating/hot water failure for several days families should act quickly: send a defect notice, set a deadline, collect photos and medical certificates if health is at risk. Consider a rent reduction from the time of the notice if essential functions fail.

Key steps before court

• Organize all documents and prepare copies for the court.
• Check which local court (Amtsgericht) is territorially competent (location of the rental property).
• Fill out forms according to the ZPO correctly and observe deadlines.

Key terms explained

• Defect notice: written notification to the landlord with a deadline to fix the defect.
• Deadline setting: the period you grant the landlord to remedy the defect.
• Rent reduction: reduction of rent due to impaired usability.

Häufige Fragen

When can I reduce the rent?

You can reduce the rent if the usability is significantly impaired and the landlord does not remedy the defect within a reasonable deadline.

How should I document defects?

Take dated photos, keep a log, collect invoices and communicate in writing with the landlord.

Which court is competent in case of dispute?

The local Amtsgericht is usually competent for tenancy disputes; appeals go to the Landgericht and possibly the BGH.

Anleitung

1. Collect photos and evidence: take dated, multi-angle images and create a short log.
2. Send a written defect notice: describe the defect and set a reasonable deadline.
3. Organize proofs: attach emails, invoices and tradesmen reports and keep copies.
4. Calculate rent reduction: use documented duration and scope to justify the percentage.
5. Consider court action: determine the competent Amtsgericht, use official forms and respect deadlines.
6. Seek advice: contact official authorities or legal advice before deadlines expire.

Wesentliche Erkenntnisse

• Good documentation is the foundation for successful rent reduction or legal action.
• Observe deadlines and communicate formally to protect your rights.
• The local Amtsgericht is often the first step for judicial enforcement.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) § 535 – Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
• [3] Bundesgerichtshof (BGH) – Decisions
• [4] Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Decisions
4. [4] Bundesministerium der Justiz und für Verbraucherschutz (BMJV)
5. [5] Justice Portal of the Federation and the Länder – Competencies