Tenants: Reporting Gas Smell in Germany Safely
Gas smell is an acute safety issue for tenants in Germany that requires quick decisions and correct actions. This text explains in simple terms which immediate measures you should take, how to inform the landlord and emergency services, and which steps to document legally. It is aimed at tenants without legal expertise and shows which laws and courts are responsible, which official guidance is relevant and how to meet deadlines and secure evidence. The goal is to help you avoid danger, limit damage and, in case of dispute, document your rights without making unnecessary legal mistakes.
What to do if you smell gas?
Act calmly but promptly: life and health come first. Start with immediate safety measures, notify the responsible authorities and document everything in writing.
- call - Immediately call emergency number 112 if you detect strong gas odors.
- safety - Carefully leave the apartment, avoid open flames, smoking or operating electrical switches.
- call - Also inform the regional gas network operator or the local gas emergency number if known.
- notice - Notify the landlord in writing by email or registered mail and request remediation (defect notice).
- record - Take photos, note time and circumstances and keep witness statements.
Rights and duties of tenants and landlords
Under the German Civil Code (BGB) the landlord must hand over and maintain the dwelling in a condition suitable for contractual use. If gas smell restricts usability, this constitutes a defect and the tenant can demand remediation from the landlord. In case of acute danger, immediate protective measures and calling emergency services are required, followed by a written defect notice with a deadline if necessary.
How to document legally?
Good documentation improves your legal position: date/time, photos, witnesses, emails and registered mail receipts. Write a defect notice stating concrete symptoms, request remediation within a reasonable deadline and announce the steps you will take if there is no response.
- notice - Send a defect notice by email and in parallel by registered mail so you have proof of receipt.
- record - Keep all landlord responses, invoices and reports from emergency services.
- repair - Request prompt repair and document appointments for technicians or measurements.
Forms and official guidance
There is no uniform federal form for a defect notice; a simple written notice suffices. For court proceedings, courts provide standardized complaint and application forms available at your local Amtsgericht. Legal bases are contained in §§ 535–580a BGB; procedural rules are in the ZPO.
When can I reduce the rent?
If the gas smell impairs the use of the apartment, a rent reduction may be possible. The amount depends on the degree and duration of impairment. Seek legal assessment and document the defect carefully.
FAQ
- Who is responsible in a gas emergency?
- In acute danger call emergency number 112; also inform the gas network operator and the landlord.
- Can I leave the apartment and return later?
- Yes, follow the instructions of the emergency services; only return when cleared to do so.
- What if the landlord does not react?
- Document missed deadlines, obtain expert reports if necessary and consider legal action at the local Amtsgericht.
How-To
- call - Immediately call 112 in case of strong gas odor.
- safety - Leave the apartment, do not operate electrical switches, warn others.
- call - Inform the gas network operator and notify the landlord in writing.
- record - Note photos, times and witnesses; save emails and registered mail receipts.
- notice - Send a written defect notice with a reasonable deadline (e.g., 7–14 days depending on urgency).
- court - If the landlord does not respond, contact the local Amtsgericht or seek legal advice.
Help and Support
- [1] Gesetze im Internet - BGB §§535–580a
- [2] Gesetze im Internet - ZPO (Zivilprozessordnung)
- [3] Bundesnetzagentur - Information on network safety