Effective Defect Notice for Tenants in Germany

As a tenant in Germany, it is important to report defects in the apartment correctly. An effective defect notice describes the damage precisely, states the date and location, attaches photos and requests the landlord to remedy the defect within a reasonable period. Proper documentation protects your rights regarding repairs, rent reduction, or if you later go to the local court. This guide explains step by step which details must not be missing, how to secure evidence and which formulations regarding deadlines and consequences make sense. We also show which official forms and sections of the BGB are relevant and how to proceed in case of a dispute. Read on.

What belongs in an effective defect notice?

A clear defect notice helps to enforce rights and avoid misunderstandings. State the exact defect, the date it occurred and the affected area of the apartment. Point out the landlord's obligation to remedy the defect (BGB §§ 535–536) ^[1] and set a reasonable period for remediation.

• Date and location of the defect (deadline)
• Concrete description and request for remediation (notice)
• Photos, measurements and logs as evidence (evidence)
• Contact details and preferred availability (contact)
• Deadline for remediation (deadline)

Securing evidence

Good evidence increases your chances that the landlord will act quickly or that a rent reduction will be recognized. Take sharp photos from several angles, save messages and note witnesses. If possible, measure temperature or humidity for heating or mold problems.

• Photos with date and time (evidence)
• Document correspondence by email or registered mail (notice)
• Keep a log of appointments and repair attempts (repair)

Deadlines and rent reduction

Once you have set a deadline for remediation, the landlord may respond. If they do not or do not act sufficiently, you can reduce the rent. The amount depends on the scope of the impairment; in case of dispute the local court may decide ^[2]. In the notice, state a reasonable deadline (e.g. 14 days) and announce which measures you will take if nothing happens.

Forms and templates

There is no single official federal form for defect notices, but model letters from the Ministry of Justice can help meet formal requirements. Use official templates as a basis and adapt content and deadlines to your situation ^[3].

Court action and jurisdiction

If no remedy is provided, you may file a claim at the local court; the local court is regularly competent for tenancy disputes. Higher instances are the regional court and the Federal Court of Justice for questions of fundamental importance ^[2].

How-To

1. Draft the defect notice in writing with date, location, description and concrete request (notice).
2. Attach evidence: photos, measurements, witness statements (evidence).
3. Set a reasonable deadline for remediation (e.g. 10–14 days) and announce consequences (deadline).
4. If the defect persists, consider rent reduction or retention and calculate the amount transparently (rent).
5. If necessary, collect documents and consider filing a lawsuit at the competent local court (court).

FAQ

When is a defect notice required in writing?

In writing is always recommended; in case of dispute the written notice with evidence is decisive.

Can I reduce rent immediately?

Only for significant impairments; it is sensible to set a deadline and document first, then possibly reduce rent.

Who do I contact for serious damage?

In case of danger to health or safety you can act immediately and inform authorities; otherwise formally request the landlord in writing.

Help and Support / Resources

• §535 BGB – Landlord obligations (Gesetze im Internet)
• Federal Court of Justice – Decisions and information
• Federal Ministry of Justice – Templates and guidance

1. [1] §535 BGB – Landlord obligations (Gesetze im Internet)
2. [2] Jurisdiction and case law (Federal Court of Justice)
3. [3] Templates and guidance (Federal Ministry of Justice)