Tenants and Basement Fire Safety in Germany

As a tenant in Germany, you are not alone when it comes to fire safety defects in the basement of a high-rise building. This text explains in plain language which rights and duties you have, how to document defects, which official forms are useful and when to involve authorities or the local court. We show practical steps: how to send the landlord a written defect notice, set deadlines, collect evidence and consider rent reduction. The goal is for you as a tenant to increase safety in your building and strengthen your legal position without unnecessary confrontation. Specific notes refer to relevant sections of the BGB^[1] and responsible authorities in Germany.

What tenants should do

If you notice fire safety problems in the basement of a high-rise, these are often defects that can affect the usability of the rental property. Document observations immediately, inform the landlord in writing and set a reasonable deadline for remediation.

• Send a written defect notice to the landlord and request a receipt.
• Collect and secure photos, videos and daily logs as evidence.
• Set a deadline: usually 14–30 days, depending on urgency.
• In case of imminent danger, inform the fire brigade and property management immediately.
• If the landlord repeatedly fails to act, consider legal measures such as filing at the local court^[2].

Forms and templates

There is no unified nationwide mandatory form for a "defect notice", but for court actions you need the usual civil procedure claim forms. Use a clear, dated defect notice with a concrete deadline and attach documentation. For eviction claims or other civil actions, the rules of the ZPO apply^[3].

Rights, deadlines and rent reduction

If basement fire safety is so impaired that general use elements or safety are affected, tenants may in certain circumstances reduce the rent. The amount and start of the reduction depend on the extent of the impairment. Inform yourself about the legal basis and document all impairments immediately.

• Check whether the defect affects the use of the apartment.
• Gather evidence: photos, witnesses, maintenance logs.
• Notify the landlord in writing of the defect and set a deadline.
• If no remedy occurs, consider filing a claim at the local court^[2].

Frequently Asked Questions

Can I reduce the rent because of fire safety defects?

Yes, if the defect affects the use of the rental property. Document the scope and start of the impairment and notify the landlord in writing.

Who enforces fire safety regulations?

The landlord is primarily responsible; authorities such as the building supervisory office or public order office can intervene, and civil claims are usually handled by the local court.

What deadlines apply if the landlord does not respond?

Set a reasonable deadline (commonly 14–30 days). In cases of imminent danger, immediate action is required.

How-To

1. Write a dated defect notice with exact description and deadline.
2. Collect evidence: photos, videos, witness statements and receipts.
3. Send the notice with proof of delivery, e.g. registered mail.
4. In case of immediate danger, call the fire brigade and inform property management.
5. If no remedy occurs, consider filing a claim at the local court or seeking legal advice.

Help and Support

• [1] § 535 BGB at gesetze-im-internet.de
• [2] Information on local courts at Justiz.de
• [3] ZPO at gesetze-im-internet.de

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1. [1] § 535 BGB at gesetze-im-internet.de
2. [2] Information on local courts at Justiz.de
3. [3] ZPO at gesetze-im-internet.de