Tenant Rights: Mold Removal in Germany

Many tenants in Germany face the question of who must remove mold in the apartment and what evidence counts. This article clearly explains the obligations of landlords and tenants in the event of mold, how photos work as evidence, which deadlines and forms must be observed, and which legal steps are possible. I describe practical steps for documentation, for the written defect notice and for initiating a rent reduction or court proceedings. The aim is that you as a tenant clearly know when the landlord is responsible, how to safely collect evidence and which official bodies and forms in Germany are relevant.

Who is responsible for mold?

In principle, the BGB regulates the obligations from the rental agreement: the landlord must maintain the rented property in a condition suitable for use and remedy defects^[1]. The tenant must avoid damage through improper use and report defects without delay. The cause of the mold is decisive: for structural defects the landlord usually bears the costs; for incorrect ventilation or drying the tenant may share responsibility.

Photos as evidence

Photos are often the most important proof in a dispute. Pay attention to clarity, date information and comparison images so that judges and experts can follow the development.

• Take photos with date, location and a short label.
• Make close-ups and wide-angle shots to contextualize the infestation.
• Secure metadata and store copies on at least two media.

Written defect notice: templates and deadlines

Describe the defect in writing, attach photos and set a reasonable deadline for remediation. Document the dispatch (registered mail or email with read receipt) and keep all replies. In case of escalation, deadlines and formal requirements for court steps can become relevant^[2].

• Report defects in writing with a deadline to the landlord.
• Typically set a reasonable deadline of 14 days; document the date.
• Attach photos, witness statements and prior correspondence.

Court steps and local court

If clarification goes to court, the local court (Amtsgericht) is usually responsible for tenancy disputes. Before suing, prepare all evidence, deadlines and any expert report. Higher courts like the regional court or the Federal Court of Justice (BGH) decide on principle questions in appeals and revisions^[3]. Clear file management helps in court and with experts.

FAQ

Who pays for mold removal?

If mold is due to structural defects, the landlord is generally obliged to remove it; if the tenant acted culpably, they may be partially liable.

Are photos sufficient as sole evidence?

Photos are important, but expert reports, witnesses and correspondence often complement the evidence; documentation over time strengthens the position.

What deadlines should I set?

Set a reasonable inspection and remediation deadline, usually 14 days; for more complex defects a longer deadline may be sensible, and document everything.

How-To

1. Take comprehensive photos with dates and locations.
2. Create a written defect notice and attach evidence.
3. Set a reasonable deadline for remediation and document the dispatch.
4. If necessary, commission an expert for a report.
5. If not remedied, file a claim at the competent local court.

Help and Support / Resources

• Laws online: Gesetze im Internet
• Federal Ministry of Justice (BMJ) - information and forms
• Federal Court of Justice (BGH) - decisions

1. [1] BGB §535 - Landlord duties
2. [2] ZPO - Civil procedure rules
3. [3] Federal Court of Justice - information and decisions