Tenant Rent Reduction for Elevator Failure in Germany

As a tenant in Germany, a failed elevator can greatly disrupt daily life—especially in upper floors or for people with limited mobility. This practical guide explains how to prove elevator failure in urgent proceedings and when a rent reduction is possible. You will learn which evidence (photos, maintenance logs, witnesses) helps, which deadlines apply and which forms or court steps are typical. The language remains clear: we explain important terms from the BGB^[1], name responsible courts like the local court (Amtsgericht)^[3] and the procedural rules of the ZPO^[2], so that as a tenant you can react quickly and confidently. At the end you will find a step-by-step guide and official sources.

What tenants need to know

In the event of elevator failure, the issue is usually a reduction in the living value. Whether and how much can be reduced depends on duration, extent and the reasonableness of alternative ways. Clear evidence and timely action are important.

• When a rent reduction is possible and how it is calculated.
• Which evidence is sensible: photos, date/time stamps, maintenance logs and witness statements.
• Deadlines in urgent proceedings and how quickly you must act.
• Which forms or letters you should prepare and which court to contact.

Practice: Evidence, deadlines and forms

Document outage times immediately: take photos with timestamps, note start and end of the outage, collect message exchanges with the landlord or property management and request maintenance logs. If other tenants are affected, ask them for brief written statements as witnesses.

• Photos and videos with date/time show the extent of the problem.
• Request and secure maintenance logs or delivery confirmations.
• Prepare a comprehensible calculation of the rent reduction (percentage calculation on monthly rent).
• Set a reasonable deadline for the landlord to remedy the defect and document the deadline in writing.

If there is no improvement within the set deadline, urgent proceedings are possible; the rules of the ZPO apply^[2]. A typical measure is an application for interim injunctive relief or a lawsuit at the local court if damage limitation is urgent.

FAQ

Can I reduce the rent immediately if the elevator fails?

Once the defect is reported and documented, you can in principle reduce the rent; the amount and start depend on the specific outage and reasonableness.

What deadlines apply in urgent proceedings?

Urgent proceedings are time-critical; react within days to a few weeks and submit evidence immediately, as courts can make rapid decisions.

Where do I turn if the landlord does not respond?

Contact your local court (Amtsgericht) for tenancy matters or apply for interim injunctive relief under the rules of the ZPO.

How-To

1. Gather evidence immediately: photos, videos, date/time, witness notes.
2. Inform the landlord in writing, document handovers and set a reasonable deadline.
3. If there is no reaction: prepare an application for urgent proceedings and file it with the competent local court.
4. Calculate the proposed rent reduction transparently and present the calculation to the court.
5. Use the local court and, if necessary, the higher courts (Landgericht/BGH) if the matter remains contested.

Help and Support / Resources

• Gesetze im Internet – Civil Code (BGB)
• Federal Court of Justice (BGH) – information on decisions
• Federal Ministry of Justice (BMJ) – guidance on courts and procedures

1. [1] BGB §535 - Landlord's main duties
2. [2] ZPO - Code of Civil Procedure
3. [3] Information on local courts (Amtsgerichte) in Germany
4. [4] Federal Court of Justice - Decisions