Tenants: Proving Health Hazards in Germany 2025

As a tenant in Germany, a health hazard in the apartment can quickly lead to existential problems. This article explains in clear language how you as a tenant can avoid typical mistakes when collecting evidence, which deadlines apply and which steps you should take before a termination or rent reduction. We show how to document damage, mold, insufficient heating or water damage, which official laws and courts are relevant and when to seek legal help. Practical examples and sample forms help you create court-proof documents. The aim is to strengthen tenants' rights and to act more quickly and with legal certainty in acute danger situations. The text also explains how to inform authorities, property management and doctors correctly and which evidence is important in an eviction proceeding or a lawsuit before the local court.

What counts as a health hazard?

A health hazard exists when defects such as heavy mold infestation, lack of heating in winter, leaking water or toxic emissions endanger the use of the apartment. Such defects can justify rent reduction, claims for damages or, in extreme cases, immediate termination by the tenant. The legal duties of landlord and tenant arise from the German Civil Code (BGB) (§§ 535–580a).^[1]

Typical mistakes when proving

• No written documentation of defects (date, place, description).
• Missing deadlines: waiting too long instead of immediately setting a remediation deadline for the landlord.
• Poor or missing photos and videos without comparison shots.
• Oral reports to property management without written confirmation.
• Not keeping receipts, medical reports or contractor invoices.
• Skipping expert reports when a technical proof (e.g., cause of mold) is necessary.

Practical steps for tenants

The following measures help to prove a health hazard in court and avoid typical mistakes.

• Photograph and film the defect immediately from multiple angles and save date information.
• Notify the landlord in writing by letter or email and demand a deadline for remediation.
• Set clear deadlines (e.g., 14 days) and document delivery.
• If necessary, obtain an independent expert report and keep invoices.
• If no improvement occurs, prepare a formal complaint or lawsuit at the competent local court.^[2]

Courts, laws and authorities

For tenancy disputes, the local court (Amtsgericht) is usually responsible in the first instance; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH) for precedents.^[3] Procedural rules for lawsuits and evictions are regulated in the Code of Civil Procedure (ZPO).^[2] For questions about subsidies or social housing, state or municipal authorities can provide information.

Forms and templates: Tenants often use a written defect notice or a termination letter. A sample termination letter can serve as orientation; use official guidance from federal ministries or judicial authorities where available.^[4]

FAQ

Can I reduce the rent if health risks exist?

Yes, for significant impairments tenants can reduce the rent. The amount depends on the extent of the restriction; document the defect and inform the landlord in writing.

Do I have to vacate immediately if a risk exists?

Only in extreme emergencies where there is immediate danger to life or health may immediate evacuation be necessary. In most cases, set deadlines and prepare legal steps.

Which evidence is particularly important in court?

Photos, dates, correspondence with the landlord, medical reports, contractor invoices and possibly an independent expert report are decisive.

How-To

1. Documentation: Document the defect immediately with photos, videos and a written description.
2. Defect notice: Send a formal defect notice to the landlord by registered mail or email and set a deadline.
3. Obtain expert report: If necessary, obtain an independent expert report and keep invoices.
4. Legal steps: If no remedy is provided, prepare a lawsuit at the local court or seek legal advice.

Key Takeaways

• Thorough documentation is essential for proving health hazards.
• Act quickly and observe deadlines to protect your rights.
• Expert opinions can be decisive for technical causes.

Help and Support / Resources

• Gesetze im Internet (BGB, ZPO)
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice and Consumer Protection – Information

1. [1] German Civil Code (BGB) §535ff – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – Decisions
4. [4] Federal Ministry of Justice and Consumer Protection – Forms and Guidance