Mold: Documents & Deadlines for Tenants in Germany
As a tenant in Germany it is important to act quickly and methodically when mold appears. This guide explains which documents you should collect, which deadlines apply in 2025 and how to enforce rights against the landlord. You will learn how to report defects, secure evidence (photos (photo), date stamps), set repair deadlines and when rent reduction or immediate measures are possible. Practical sample actions and notes on competent courts such as the local court (Amtsgericht)[3] and relevant laws like the BGB[1] help you plan your approach. The aim is to give you clear steps so you can avoid health damage and effectively assert legal claims. Listed forms and court routes are linked; check deadlines carefully and document every contact in writing. If there is an acute health hazard, seek medical advice and inform the landlord immediately.
Which documents you should collect
- Defect notice to the landlord (date, exact description, location) — always in writing (notice).
- Photos (photo) and videos with date information as evidence; note measurements or medical notes.
- Repair reports, cost estimates or contractor offers (repair) after commissioning.
- Receipts for expenses you had due to mold (e.g., cleaning, replacement of personal items) and bank statements for rent reductions (rent).
- Correspondence with the landlord and deadline settings by registered mail or secured email (form).
Deadlines and legal basis
As a tenant you should first give the landlord a reasonable deadline to remedy the defect and document the response. If the landlord does not respond, you can consider rights under the BGB[1] such as rent reduction; for court actions the rules of the ZPO[2] apply. In case of health hazards faster action is possible; communicate this clearly and obtain medical confirmations if necessary.
Possible deadlines
- Short remedy period (e.g., 7–14 days) for minor repairs (deadline).
- Immediate notice and deadline for immediate remediation in case of health‑endangering mold (calendar-event).
- Claim deadlines and procedure durations depend on the local court and regional practice (court).
How to enforce your rights
If the landlord does not act, document all steps and inform them again in writing with a deadline. Consider the following options: rent reduction under §536 BGB, commissioning an expert opinion, self-remedy with cost reimbursement or filing suit at the competent local court (Amtsgericht)[3]. For significant disputes or legal questions you may appeal to the regional court and in special cases seek revision at the BGH[4].
FAQ
- When can I reduce rent because of mold?
- You can reduce rent if the mold significantly impairs living quality and the landlord fails to act in time; check §536 BGB for conditions and examples.[1]
- What form must a defect notice have?
- A clear written message with date, description and deadline setting is sufficient; send it preferably by registered mail or secured email (form).
- Which court do I turn to in case of a dispute?
- Rental disputes usually start at the competent local court (Amtsgericht); higher instances are the regional court and possibly the Federal Court of Justice.[3][4]
How-To
- Write a precise defect notice to the landlord with date and deadline (notice).
- Secure evidence: photos, videos and medical certificates.
- Set a reasonable follow‑up deadline and document delivery.
- If the landlord does not respond, commission an expert or contractor and request cost reimbursement (repair).
- If necessary, file suit at the local court and use your documents for justification (court).
Help and Support
- Federal Ministry of Justice and Consumer Protection
- Laws on the Internet (BGB, ZPO)
- Federal Court of Justice (BGH)
