Tenants: Report Cellar Fire Hazards in Germany

As a tenant in Germany, you should take fire safety defects in the cellar seriously: blocked escape routes, stored flammable items, or faulty smoke detectors increase the risk for you and other residents. Report visible hazards in writing to the landlord immediately and document photos, dates and notes of conversations. If the landlord does not respond, contact the local fire department or the responsible building control authority and consider legal advice. This approach protects your safety and your rights as a tenant, for example regarding rent reduction or claims for damages. The text contains concrete steps, responsible authorities, important deadlines and templates for reports.

What to do about fire safety defects in the cellar?

First check whether there is an immediate danger. If there is acute danger, call the fire department. Otherwise, inform the landlord in writing and demand remediation with a deadline; the landlord is responsible for maintaining the rental property under § 535 BGB.^[1] Record date, time and all conversations.

Quick check: What to inspect immediately

• Clear escape routes: are entrances blocked?
• Stored items: remove or report flammable materials
• Electrical issues: visible defects or exposed cables
• Smoke detectors/alarms: are maintenance records available?

Rights and obligations: landlord, tenant, authorities

The landlord must remedy defects; as a tenant you may set deadlines and, if necessary, reduce rent or claim damages. If responsibilities are unclear, the local court (Amtsgericht) can decide; tenancy disputes are usually handled by the local Amtsgericht.^[2] For major legal questions or precedents, decisions by the Federal Court of Justice are relevant.^[3]

FAQ

Do I have to inform the landlord first?

Yes. Inform the landlord in writing and set a reasonable deadline for remedying the defect.

Can I reduce the rent if the cellar is fire-hazardous?

Yes, a rent reduction is possible for significant impairments of usability; document the scope and duration of the impairment.

Who do I call in case of acute fire danger?

In case of acute danger, call the fire department immediately (emergency number 112) and warn all residents.

What if the landlord does not respond?

Repeat the notification in writing, inform the building control authority or the fire department about safety defects and consider legal action at the local Amtsgericht.

How-To

1. Assess danger: Is there an immediate hazard? If yes: call the fire department.
2. Document: take photos, note date, time and witnesses.
3. Inform the landlord in writing: describe the defect precisely and set a deadline.
4. Inform authorities: contact the building control office or local fire department if there is no response.
5. Consider legal steps: if necessary, file a claim or apply for interim relief at the competent local court.

Important forms

• Claim form (civil claim) at the local Amtsgericht: used if the landlord fails to act after a deadline; example: claim for injunction or damages.
• Defect notification (written complaint): there is no nationwide standard form; use a clear letter with date, description of the defect and a deadline.

Help and Support / Resources

• [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Information on courts and jurisdictions — justiz.de
• [3] Federal Court of Justice — decisions and information

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Local courts and jurisdictions — justiz.de
3. [3] Federal Court of Justice — bundesgerichtshof.de