Notice of Defects 2025: Tenant Rights Germany

Many tenants in Germany face the problem that apartment defects are not remedied in time. The correct procedure for a notice of defects, securing evidence and meeting deadlines often decides whether a rent reduction is possible or which steps are necessary in court. This guide explains in plain language how you as a tenant can formally report defects, which types of evidence help (photos, messages, witnesses) and how to set deadlines. It contains a practical checklist, information on official forms and examples of when a rent reduction under §§ 535–536 BGB may be appropriate. The guidance applies to Germany and focuses on typical practice in local courts and possible appeals.

What is an effective notice of defects?

An effective notice of defects briefly describes the defect, states the date and location, demands remedy and sets a reasonable deadline. The notice should be clear, written and provable; email with read receipt or registered mail is sensible. Legal principles are found in §§ 535–536 BGB^[1]. If the landlord does not respond, rent reduction or further legal steps may follow.

Evidence preservation: checklist

• Photograph and film all defects promptly (photos / photo, video).
• Send a written notice of defects with date and description (notice / notice, form).
• Keep a communication and deadline log with time and date (deadline / deadline, days).
• Keep rent payments, transfer receipts and receipts (rent / rent, payment).

Deadlines and formalities

In the notice of defects, set a reasonable deadline for remedy (e.g. 14 days for urgent defects). Note when you set the deadline and how the landlord responded. If you assert a rent reduction, document the start and end of the impairment precisely. In uncertain legal situations, legal or court clarification may be necessary; local courts (Amtsgerichte) handle tenancy disputes.

• Set a deadline in the notice (deadline / deadline).
• Record dates and response deadlines (calendar / calendar, appointment).
• If necessary: send an informal rent reduction notice and document the amount (form / form, notice).

Forms and official guidance

There are no uniform nationwide "standard forms" for many steps, but the federal ministry and legal texts provide orientation. A termination or notice template can serve as a model; for formal lawsuits, the jurisdiction of local courts and decisions of the Federal Court of Justice are relevant^[2][3]. Example: A notice of defects by registered mail with a deadline and a clear request for remedy is often sufficient in practice before asserting a rent reduction.

FAQ

When can I reduce the rent?

You can reduce the rent if the living quality is significantly impaired and the landlord has not remedied the defect within a reasonable deadline. The legal requirements are set out in §§ 535–536 BGB^[1].

How do I write an effective notice of defects?

Describe the defect concretely, state date and location, demand remedy and set a clear deadline. Send the notice in writing and in a provable way.

What if the landlord does not respond?

Document the lack of response, consider rent reduction or contacting the local court. Collect all evidence and witness statements.

How-To

1. Step 1: Report defects in writing and set a deadline (notice / notice).
2. Step 2: Collect photos, videos and witness statements (photo, video).
3. Step 3: Monitor and document deadlines (deadline / deadline).
4. Step 4: If necessary, calculate and announce rent reduction in writing (rent / rent).
5. Step 5: If no agreement: prepare documents for the local court (court / court).
6. Step 6: Keep all receipts, photos and communication logs organized (document / document).

Help and Support / Resources

• [1] § 535 BGB – Landlord obligations, Gesetze im Internet
• [2] Federal Court of Justice – Information and decisions
• [3] Federal Ministry of Justice – Guidance and forms

1. [1] § 535 BGB – Landlord obligations, Gesetze im Internet
2. [2] Federal Court of Justice – Information and decisions
3. [3] Federal Ministry of Justice – Guidance and forms