Tenants: Report Gas Smell in Older Buildings in Germany

If you notice a gas smell in an older building in Germany, swift and correct action is essential. As a tenant you should first protect yourself and others, call the emergency number, and inform the landlord and gas supplier. Document time, smell and visible signs in writing and with photos; this helps with claims, rent reduction or later legal disputes. This article explains which documents are useful, which deadlines to watch, and how to write a formal defect notice. We also name relevant legal bases and the competent courts in Germany so you know when legal enforcement is necessary and what steps follow. We provide practical sample wordings and show which evidence a court may accept.

What to do if you smell gas in an older building?

Your safety is the priority: leave the apartment immediately if the smell is strong, close doors behind you and call emergency number 112. Then inform the gas supplier and the landlord without delay. Do not operate electrical switches and avoid open flames. Note the exact time, room and concrete observations; photos or a short video are particularly valuable. Mention in your written notice the possibility of rent reduction under the statutory provisions in the German Civil Code (BGB) ^[1] and the applicability of civil procedure under the Code of Civil Procedure (ZPO) if court clarification becomes necessary ^[2].

Important documents and evidence

• Photos and videos showing the smell symptoms, with date and time.
• Written defect notice to the landlord (description, date, deadline).
• Record dates and deadlines: note when you reported the issue and how the landlord responded.
• Documentation of calls and responses (contact person, date, time).

Formal defect notice: content and template

A formal defect notice should be short, factual and complete: date, exact description of the odor, impact on appliance or apartment use, requested remedy and a reasonable deadline (e.g. 48 hours in case of acute danger). Send the notice by email and additionally by registered mail with return receipt if possible. State clearly that you may consider rent reduction or legal steps if no remedy is provided, and refer to your documentation.

Legal steps and courts

If the landlord does not respond or danger persists, you can consider legal steps: mediation, filing a claim at the competent local court (Amtsgericht) or seeking interim measures. Procedures and deadlines follow the Code of Civil Procedure (ZPO) ^[2]. Interpretations in tenancy law are based on the BGB (Sections 535–536) and relevant Federal Court of Justice precedents, which can determine entitlement to rent reduction or damages in individual cases ^[3]. Seek legal advice early, especially if there are health hazards.

FAQ

What should I do immediately if I smell gas?

Leave the apartment, call 112, inform the landlord and gas supplier; do not operate electrical switches and avoid ignition sources.

What deadline must the landlord meet?

There is no uniform deadline, but in case of danger immediate action is required; set a concrete deadline in the defect notice (e.g. 48 hours).

Can I reduce the rent?

If the defect significantly restricts use, rent reduction may be possible; check the legal basis in BGB §536 and document the defect carefully ^[1].

How-To

1. Leave the apartment and call 112 immediately if there is danger.
2. Avoid ignition sources and do not operate electrical switches.
3. Inform the gas supplier and landlord and document contact persons and times.
4. Send a written defect notice with date and deadline by email and registered mail.
5. If no remedy follows, consider mediation or filing at the local court and secure all evidence.

Help & Support

• Gesetze im Internet: BGB §535
• Gesetze im Internet: ZPO
• Bundesgerichtshof: Information and decisions

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1. [1] Gesetze im Internet - BGB §535
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesgerichtshof - Official site