Tenant Checklist: Urgency & Proof in Germany

As a tenant in Germany you need clear tools, templates and an accessible checklist to prove urgency for damage, heating failure or safety defects. This practical guide explains which evidence counts, which deadlines apply and how to use forms correctly — for defect notices, terminations or the housing entitlement certificate (WBS). Step-by-step suggestions help you collect documents, record appointments and meet deadlines so you can secure claims and avoid unnecessary conflicts. We refer to the relevant legal sources in Germany and give examples of how to proceed in writing and which authority or court is responsible.

Understanding urgency levels

Urgency describes how quickly the landlord must respond. For acute dangers such as gas odor, heating failure in winter or water ingress these are emergencies with high priority; for lesser defects longer deadlines apply. Legal bases on landlord duties can be found in the BGB, especially regarding maintenance obligations and rent reduction.^[1]

Important evidence, templates and practical examples

Documentation is crucial: photos, timestamps, witnesses and written defect notices strengthen your position. Name location, date, type of defect and prior contact with the landlord. Use clear templates for complaints or termination letters and archive all receipts for replacement expenses.

• Termination letter (template): State date, tenancy contract, reason and deadline; example: immediate termination due to health-endangering mold, with photo and notice to the landlord.
• Defect notice / template: Describe the defect, demand remediation within a reasonable period and set a deadline.
• Evidence: Photos, videos, date/time, witness statements and receipts for repairs or temporary accommodation.
• Application for housing entitlement certificate (WBS): Application form at the responsible municipality; relevant for subsidized housing and income limits.

What applies legally and which authorities are responsible?

For tenancy claims the rules of the BGB apply to maintenance, rent reduction and termination; legal disputes usually go to the local court (Amtsgericht), higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH).^[1][4] Procedural rules for filing lawsuits and service are set out in the Code of Civil Procedure (ZPO).^[2]

How-To

1. Step 1: Document the defect immediately with date, time, photos and brief notes.
2. Step 2: Send a written defect notice to the landlord by email and registered mail; state a reasonable deadline (e.g. 14 days).
3. Step 3: If there is no response, contact tenant advice or the competent local court for legal assessment.
4. Step 4: If escalated: file a suit or interim injunction at the local court; attach all evidence and the defect notice.

FAQ

How do I prove that a defect is urgent?

Photo documentation, timestamps, witnesses and an immediate written defect notice to the landlord form the basis for urgency.

Which deadlines do I need to observe as a tenant?

Give the landlord a reasonable deadline (often 7–14 days for medium defects, immediate measures for danger). Court deadlines follow the ZPO.^[2]

Where do I apply for the housing entitlement certificate (WBS)?

You get the WBS at the competent municipality; conditions are governed by the Housing Promotion Act (WoFG).^[3]

Help and Support / Resources

• BGB §§535–580a — official legal text (gesetze-im-internet.de).
• ZPO — procedural rules (gesetze-im-internet.de).
• WoFG — housing promotion law (gesetze-im-internet.de).

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] WoFG — gesetze-im-internet.de
4. [4] Bundesgerichtshof — bundesgerichtshof.de