Tenant Rent Reduction for Water Damage in Germany

As a tenant in Germany it is important to document water damage immediately and carefully so that you can enforce a rent reduction if necessary. Photograph damage spots from multiple angles, note date, time and circumstances, and secure evidence such as damp furniture or electronic devices. Report the damage to the landlord in writing immediately and keep copies. Keep a small damage log with photos, witness statements and any repair costs. These documents help both in informal settlements and in court (local court)^[2] under § 536 BGB^[1].

What tenants should do now

Start immediately with systematic documentation. The more complete the record, the clearer the extent of the defect and the impact on habitability can be shown.

• Photograph each damaged area from multiple perspectives: overall shot, detail shot, close-up with a scale.
• Note the date and time of each recording and store photos in an organized order.
• Photograph affected items (e.g., furniture, electronics) individually and document damage to inventory.
• Record witness information: names, phone numbers and brief statements of observation.
• Send a written defect notice to the landlord and keep a copy (email, registered mail or handover with receipt).

Protecting against consequential damage and short-term measures

Take necessary emergency measures to prevent further damage and document these measures as well.

• Install temporary seals or catch basins and document them photographically.
• Collect invoices and receipts for drying, repairs or replacement purchases.
• If applicable, inform your tenant protection association or legal advisor early.

Forms, evidence and authorities

Typical documents you should have ready or use:

• Defect notice (written complaint): Name the location, extent, date and request a deadline for remedy.
• Receipts and invoices for drying, repairs or replacement purchases. These serve as proof of costs incurred.
• Payment order or complaint: If no agreement is reached, formal procedures may follow (e.g., payment order or court claim at the local court).^[3]

FAQ

Can I reduce the rent immediately?

In principle, you can claim a rent reduction if habitability is impaired by the water damage; inform the landlord in writing first and document the defect.

How large must the damage be to allow a rent reduction?

There is no fixed percentage; the amount depends on the extent of the impairment and is assessed on a case-by-case basis.

Who do I contact if the landlord does not respond?

Contact the competent local court for tenancy matters or consult legal advice or a tenant protection association.

How-To

1. Take photos: overall, detail and close-ups with a scale; note date and time for each photo.
2. Keep a damage log: record date, time, observations, affected rooms and witness information.
3. Send a defect notice to the landlord: describe the defect, request a remedy deadline and send it in a way that is provable.
4. Document emergency measures: collect receipts and photograph temporary repairs and drying measures.
5. If no agreement is reached: submit documents to the local court or initiate a payment order procedure.

Help and Support

• § 536 BGB - Rent reduction (gesetze-im-internet.de)
• Justice Portal - Information on courts (justiz.de)
• Federal Court of Justice - Decisions (bundesgerichtshof.de)

1. [1] § 536 BGB - Rent reduction (gesetze-im-internet.de)
2. [2] Local court - jurisdiction and information (justiz.de)
3. [3] Payment order and court proceedings (justiz.de)