Tenant Rights: Window and Door Seals in Germany
As a tenant in Germany, the handover protocol is an important document that protects your rights when you move into or out of a rental property. Record any defective or leaking window and door seals clearly so that disputes about damages or deductions from the security deposit do not arise later. This section explains in plain language how to check seals, describe defects clearly, and create photo or video evidence. I also show which statutory provisions of the BGB are relevant, what deadlines apply and how to consider formal repairs or rent reductions. At the end you will find concrete action steps, template forms and the competent courts and authorities in Germany.
What belongs in the handover protocol?
- Condition of window and door seals: Describe cracks, gaps, brittle spots and whether seals cause drafts.
- Photos and date: Take clearly labeled photos or videos of each affected area and record date and time.
- Precise description: Note material, color, location in the room and whether a functional defect (e.g. poor closing) exists.
- Signatures: Have the protocol signed by the landlord or an authorized representative; obtain witness signatures if possible.
- Record deadlines: Note if you intend to set a deadline for remedy with date and duration in writing.
How do I document seals correctly?
Start with a full visual inspection: open and close windows and doors to detect drafts or unusual sounds. Photograph from several angles and include a scale (ruler or tape measure), record measurements and prepare a written description. Use a consistent date format and sign each page. If you formally report defects, a written defect notice and deadline letter help; template forms are available for this purpose[3]. Statutory bases for landlord and tenant obligations are found in the BGB[1], and procedural rules are governed by the ZPO[2].
If the landlord does not respond
- Set a written deadline: Request in writing that the landlord remedy the defect within a reasonable deadline.
- Consider rent reduction: For significant impairment of use, a rent reduction may be justified; document extent and duration of the defect.
- Legal action: If no agreement is reached, tenancy disputes are initially heard in the local court (Amtsgericht).
FAQ
- Who signs the handover protocol?
- Ideally the tenant and the landlord or their authorized representative both sign; witnesses can increase evidentiary value.
- Can I add defects afterwards?
- Yes, if defects were not immediately apparent; inform the landlord promptly in writing and attach evidence.
- What deadlines apply for reporting defects?
- Promptly after discovery; set a follow-up deadline of 14 to 30 days for remedy depending on urgency.
How-To
- Inspect and photograph: Check all seals and take photos or videos from multiple angles.
- Describe and date: Write a clear description, take measurements if possible and date each note.
- Obtain signatures: Have the landlord or representative sign the protocol and record witnesses.
- Report defects in writing: Send a defect notice with a deadline and attach photo/video evidence.
- Plan next steps: If there is no response, consider rent reduction or legal action at the local court.
Help and Support / Resources
- BGB (Civil Code) – Gesetze im Internet
- Federal Court of Justice (BGH)
- Federal Ministry of Justice (BMJ)