Tenants: Proving Health Hazards in Germany

Many tenants in Germany face the challenge of proving a health hazard in their apartment, such as mold, lack of heating, or contaminated water. This guide explains in plain language which pieces of evidence matter, which deadlines apply, and which official forms you should use. It is aimed at tenants without legal expertise and shows step by step how to meet deadlines, notify the landlord correctly, and, if necessary, seek court assistance. Concrete examples, practical template guidance and pointers to responsible authorities help you protect your rights effectively.

When does a health hazard exist?

A health hazard exists when defects significantly impair the usability or health of residents, for example severe mold infestation, heating failure in winter, or contaminated drinking water; the legal basis can be found in the provisions of the German Civil Code (BGB) on defects and landlord duties.^[1]

Typical mistakes tenants should avoid

• Only reporting verbally instead of securing defects in writing with documentation.
• Missing or ignoring deadlines, for example deadlines set for repairs.
• Not filling out forms correctly or failing to send a clear defect notice.
• Unconsidered rent withholding or self-help without legal protection.
• Allowing tradespeople access without written consent, causing disputes over entry and liability.

Collecting evidence safely

• Take timely photos and videos of the damage and measurements, with date and time.
• Keep a damage log with date, time and description of all incidents.
• Gather witness statements from neighbors or the janitor and note contact details.
• Keep receipts for replacement purchases or professional services.
• In serious cases: obtain an expert report from a recognized specialist.

Forms, templates and deadlines

Important documents include a written defect notice or a formal termination letter in case of health hazard; templates and guidance for official forms are available from the Federal Ministry of Justice. Use templates only as a basis and adapt them to your case.^[4] Always set clear remediation deadlines in your correspondence.

Court jurisdictions and procedure

Decisions on tenancy disputes are usually made in the first instance by the local court (Amtsgericht); procedural rules are in the Code of Civil Procedure (ZPO).^[2] For fundamental questions and precedents, the Federal Court of Justice (BGH) is authoritative.^[3]

Key takeaways

• Document damages immediately and thoroughly.
• Observe all deadlines and set clear dates for remediation.
• Use official templates as a guide and reference the legal basis.

FAQ

How do I properly document mold infestation?

Photograph affected areas with a date stamp, keep a log and obtain an expert report if necessary.

Can I reduce the rent?

If there is a significant impairment, rent reduction may be possible, but first set a written deadline for remediation and document everything.

When do I need to go to court?

If out-of-court resolution fails or the landlord does not respond, filing a claim at the local court may be necessary.

How-To

1. Step 1: Collect photos, videos and a damage log with date and time.
2. Step 2: Send a written defect notice to the landlord with a remediation deadline.
3. Step 3: If needed, contact tenant associations or the responsible housing supervision for advice.
4. Step 4: If no agreement, prepare a claim at the local court and present your evidence.
5. Step 5: Respond to court letters in time and attend scheduled hearings.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Forms and templates

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Entscheidungen im Mietrecht
4. [4] Bundesministerium der Justiz — Formulare und Muster