Weekend Move-in Defects: Tenant Rights Germany
When moving in on a weekend, it is especially important for tenants in Germany to create a complete defect list and to know the deadlines and required documents. Without the usual contacts available at weekends, immediate confirmation by the landlord is often missing, so you should record photos, date and time stamps, and witnesses. These documents help enforce claims for rent reduction, damages, or remediation. This article explains which forms and sample texts are available, how to calculate deadlines and which authority or court is responsible. Language is kept simple and shows practical steps so tenants can assert their rights in Germany quickly and securely.
Which documents and deadlines matter?
At a weekend handover, landlords may not be present or able to sign immediately. Therefore your documentation is decisive: date, time, photos, witnesses and a handover protocol often replace immediate confirmation and secure your claims.
- Photos and videos with date, time and, if possible, witnesses for evidence preservation.
- Handover protocol or your own record indicating that the landlord was not present on the weekend move-in.
- Deadlines: report defects immediately; send a detailed defect notice with a deadline within 14 days.
- Written defect notice (registered mail or other verifiable delivery) with a concrete deadline for remediation.
How do I create a legally effective defect notice?
Draft the defect notice clearly: location of the defect, description, move-in date, requested deadline for remedy. Your rights under the tenancy agreement and the Civil Code are found especially in §535 et seq. BGB.[1] Sample forms and templates can help create a complete letter; official forms are available from the Federal Ministry of Justice.[3]
- Describe the defect precisely and attach photos or videos as evidence.
- Set a reasonable deadline for remedy (e.g., 14 days) and state the consequence, e.g., rent reduction.
- Send the letter verifiably (registered mail or handover with receipt) and keep a copy.
If the landlord does not respond
If the landlord does not react within the deadline, check your options: rent reduction, commissioning a specialist company at the landlord's expense, or possibly legal action before the competent local court. The Code of Civil Procedure is relevant for court proceedings.
FAQ
- What should I do immediately for visible defects on moving-in day?
- Take photos, name witnesses, create a handover protocol and prepare a written defect notice immediately.
- What deadline is common for remedying defects?
- A reasonable deadline is often 7–14 days; for acute hazards, immediate action is required.
- Which court do I contact for disputes?
- Rental disputes are usually handled by the local court (Amtsgericht); higher instances are the regional court and the Federal Court of Justice for appeals.
How-To
- Photograph all defects immediately with date and time.
- Create a written defect notice within 14 days with a deadline for remedy.
- Send the notice verifiably (e.g., registered mail) and keep the receipt.
- If there is no response: review the documentation and consider filing a claim at the competent local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §535 — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Federal Ministry of Justice — Forms
