Tenants: Understanding Urgency Levels in Germany
As a tenant in Germany, you often face decisions about repairs, deadlines or even whether a housing entitlement certificate (WBS) is required. This article clearly explains how urgency levels are classified, what immediate actions you as a tenant should take and which deadlines apply. You will receive a practical checklist, notes on official forms and information on when the local court may be competent. Technical terms from the BGB are simply explained so you can better assess your rights regarding rent reduction, maintenance or termination. At the end you will find concrete steps and links to official authority pages so you can quickly reach the appropriate forms and contacts in Germany easily.
What are urgency levels?
Urgency levels help decide how quickly a defect must be remedied by the landlord. Acute dangers (e.g. burst pipe, heating failure in winter) require immediate action, while cosmetic defects allow longer periods for remediation. Legally, the landlord's duties are based on provisions in the BGB, especially regarding maintenance and usability, which form the basis for tenants' claims.[1]
Which deadlines apply?
Deadlines depend on the individual case: with acute damage, authorities and courts often expect an immediate defect notification, while in less urgent cases the landlord may be granted a reasonable period to remedy. Court proceedings follow the Civil Procedure Code when an eviction or compensation claim must be asserted.[3]
Checklist for acute cases
- Report acute danger within 24 hours (hours) — e.g. burst pipe or heating failure.
- Send written defect notification by registered mail (form) and set a deadline for remedy.
- Collect photos and documents as evidence (evidence) — record date, time and description.
- Check possible rent reduction and announce it if necessary (rent) according to the severity of the defect.
- If the defect remains unaddressed, consider contacting the local court or filing an action (court) to enforce claims.
Forms and templates
There is no single "tenant authority" for all forms; many documents are provided by state or municipal authorities. Important legal bases are found in housing promotion law (WoFG), for example when it comes to the housing entitlement certificate (WBS).[2] For court proceedings, the provisions of the Civil Procedure Code apply to lawsuits and service of process.[3]
- Termination letter (template): Wording for ordinary or extraordinary terminations should be factual and dated; check deadlines and reasons before sending.
- Defect notification / notice of rent reduction: Describe defect, date, deadline for remedy and the possible rent reduction as a legal consequence.
- WBS application (state-specific form): Apply at the responsible housing office or citizen service; an example for Berlin can be found on the respective service portal.[4]
How-To
- Collect photos and evidence (evidence) — document date, time and description.
- Create and send a written defect notification by registered mail (form), set a deadline.
- Monitor deadlines (deadline) — respond to replies within the set time.
- If the landlord does not respond, consider legal action or contact the local court (court).
Frequently Asked Questions
- Who decides whether a defect is urgent?
- Generally the landlord assesses urgency; in disputes the local court can issue a binding decision.
- When can I reduce the rent?
- A rent reduction can begin when the habitability is significantly impaired; document defects and notify the landlord in writing.
- Do I need a specific form for the WBS?
- Yes, the WBS is applied for at the respective housing office or citizen service of the federal states; the forms are state-specific.
Key Takeaways
- Document defects immediately and thoroughly.
- Set clear deadlines and respond promptly.
- Use the local court if extrajudicial measures fail.