Tenant Rights in Germany: Documenting Accessible Bathroom

Many tenants in Germany face the challenge of documenting an accessible bathroom in an older building, whether due to missing grab bars, slippery floors, or insufficient maneuvering space. This guide helps you step by step to record defects objectively, meet deadlines, and assert them in writing to the landlord. I explain simple tenancy law terms, name relevant statutes^[1] and show which pieces of evidence (photos, logs, witnesses) really help. The goal is for you to enforce your rights as a tenant more confidently — without legal jargon, but with practical templates and clear action steps for tenants in Germany. At the end you will find templates, a how-to for submitting defect notices, and guidance on court proceedings.

Rights and obligations for accessible modifications in older buildings

Landlords must maintain the rental property in a condition suitable for use. For defects that limit usability, tenants have rights such as repair, rent reduction, or consent to necessary structural adjustments. Describe the defect specifically and refer to the relevant provisions in the BGB.^[1]

What should you document?

• Photos and videos with date and time
• Chronological record: when you first noticed the problem
• Written defect notice as PDF and by registered mail
• Repair estimates or quotes
• Witnesses: names and contact details who can confirm the defect

Defect notice and official forms

Send a written defect notice to the landlord: description, date, concrete deadline for remedy, and possible consequences (rent reduction, deadline setting). Use templates, e.g. sample letters from the Federal Ministry of Justice.^[2] A practical example: "I hereby set a deadline of 14 days to remedy the defect; otherwise I reserve the right to take further legal action." Send the notice by email and additionally by registered mail if possible.

FAQ

Can I reduce the rent if the bathroom is not accessible?

Yes, if the defect reduces usability. The amount of the reduction depends on the extent; document impairment and duration.

Who decides on necessary modifications in an older building?

In principle, the landlord must agree; in many cases tenants can request structural changes or carry them out themselves with consent.

Where do I turn in case of a dispute? (Jurisdiction)

For tenancy disputes, the local court (Amtsgericht) has jurisdiction in the first instance; higher instances are the regional court and the Federal Court of Justice.^[3]

How-To

1. Take photos and videos immediately from several angles and save metadata.
2. Keep a defect log with date, time, and brief descriptions.
3. Draft a written defect notice and send it by email and registered mail.
4. Set a reasonable deadline (e.g. 14 days) and document delivery.
5. Seek legal advice if necessary and file a claim at the local court.

Help and Support / Resources

• BGB – Gesetze im Internet (Rights and obligations)
• Sample letters and information – Federal Ministry of Justice
• Case law on tenancy law – Federal Court of Justice

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Musterbriefe und Formulare — Bundesministerium der Justiz (BMJ)
3. [3] Entscheidungen zum Mietrecht — Bundesgerichtshof (BGH)