Tenants: Document Mold Remediation in Germany

As a tenant in Germany it is important to know how to properly document and report mold infestation. This guide clearly explains your duties and options: what to photograph, which deadlines apply, which official forms and proofs are useful, and how to notify the landlord in writing. I also describe when professional mold remediation is necessary, which types of evidence courts accept and how to react in case of acute health risks. At the end you will find practical sample letters, references to relevant BGB rules and guidance on when to involve the local court.

What tenants should do now

Landlords have maintenance obligations under the Civil Code (BGB); as a tenant you should promptly document and report defects.^[1] In case of acute health risks act quickly: inform the landlord in writing and request prompt remediation.

• Take photos with date and location (photo).
• Send a written defect notice to the landlord and document receipt (form).
• Record deadlines: date of report, set deadlines and any responses (deadline).
• Note witnesses or co-tenants as evidence (record).
• Request an expert report if mold is extensive or recurrent (repair).

Documentation: how to prepare evidence

Good evidence is clear, dated and verifiable. Take multiple photos from different angles, note odor and damp spots, and save all messages to the landlord. If possible, obtain an independent expert report; the report should describe cause, extent and remediation effort.

Forms and practical templates

There is no single nationwide "defect notice form" from the federal government, but many courts accept a clear, dated defect notice with photo attachments. For legal action you may need a complaint for the local court (Amtsgericht), which handles many tenancy disputes in the first instance.^[2]

Example: write briefly and precisely the date, location of infestation, scope (photos), prior communication and a deadline for remediation (e.g. 14 days). Attach photo copies and request an acknowledgement of receipt.

FAQ

Who pays for mold remediation?

In principle the landlord is obliged to remedy defects unless the mold was caused by tenant behavior. If the cause lies with tenants (e.g. persistent failure to ventilate), cost sharing may be possible.^[1]

Can I reduce the rent?

If the habitability is impaired, rent reduction may be an option. The amount depends on the severity of the defect; document the infestation carefully and notify the landlord in writing.

When should I involve the local court?

If the landlord does not respond or payment/repair claims exist, you can file a claim at the competent local court. Information on court procedures is available on judiciary websites.^[2]

How-To

1. Take photos: several shots, date stamp or certified photos (photo).
2. Send a written defect notice: describe the problem, date, deadline (e.g. 14 days) and attach photos (form).
3. If needed: obtain an expert report and document the findings (repair).
4. Observe deadlines: log responses and keep track of timelines (deadline).
5. Consider court action: if the landlord refuses, evaluate filing a claim at the local court (court).

Help and Support / Resources

• Gesetze im Internet — BGB §535
• Justizportal — information about courts
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet — BGB §535
2. [2] Justizportal — information about courts
3. [3] Federal Court of Justice (BGH)