Mold & Handover Protocol: Tenant Rights in Germany

During a tenancy handover, the handover protocol is important, especially if mold is discovered. As a tenant in Germany you should know which obligations regarding mold removal can be noted in the protocol, which evidence is important and how to document damage professionally. Properly recorded mold in the protocol helps avoid later disputes about responsibility, rent reduction or landlord claims. This guide explains clearly which details belong in the protocol, how to document photos and dates, when an expert opinion is sensible and which deadlines to observe. The aim is to strengthen tenant rights and provide clear steps for a safe, legally sound handover.

What belongs in the handover protocol?

Note mold findings as precisely as possible: location, extent, visible causes (e.g. water damage) and smell. Such notes are important because claims can arise from the landlord's duties and the rules on rent reduction and defect remediation^[1].

• Date and time of the handover.
• Exact description of mold: location, extent, smell.
• Photos, measurements (moisture) and names of witnesses.
• Signatures of tenant and landlord on the protocol.

How do you report mold? Defect notice & deadlines

Send a written defect notice to the landlord, attach the handover protocol and photos, and request remediation within a clear deadline. A sample text for a defect notice helps avoid mistakes and should include all findings and evidence^[2].

• Send a written defect notice immediately with photos and a copy of the protocol^[2].
• Set a deadline (e.g. 14 days) for remediation and a report back.
• In case of health risk: insist on immediate measures in writing and, if necessary, request an expert opinion.

Legal basis

The rights and duties of tenants and landlords arise from the BGB, in particular regarding rent reduction and defect remediation; check the relevant provisions and deadlines there^[1].

Securing evidence: photos, protocol, expert report

Secure evidence systematically: dated photos, protocol copies, emails and witness statements. If necessary, obtain an independent expert opinion; courts such as the local court (Amtsgericht) handle many tenancy disputes and decisions can in specific cases be shaped by BGH jurisprudence^[3][4].

• Keep a damage log with date, time and measurements.
• Document photos on multiple days from different angles.
• If disputed: commission an independent expert report.

If the landlord does not respond

If the landlord does not respond, you can consider rent reduction, self-remedy or legal action. Inform yourself about the requirements for rent reduction and document deadlines and costs carefully.

• Calculate rent reduction, announce it in writing and state from when the reduced rent applies.
• If the landlord continues to ignore the issue, consider legal action at the competent local court^[3].
• Seek advice from official bodies or legal counsel.

Frequently Asked Questions

Who pays for mold remediation?

It depends on the cause: for structural defects or pipe damage the landlord is usually responsible; for user-caused problems a different allocation may apply (see BGB rules)^[1].

Does mold have to be recorded in the handover protocol?

Yes. A mold finding noted in the protocol is important as proof of time, extent and condition at handover.

What deadline should I set?

Common deadlines range from 7–14 days for urgent measures; a longer deadline may be appropriate for full remediation. Put the deadline in writing.

How-To

1. Document the location and extent of the mold with dated photos and a protocol.
2. Send a defect notice: describe the findings, attach evidence and request remediation.
3. Set a clear deadline (e.g. 14 days) and announce next steps if nothing is done.
4. If needed, commission an independent expert report to establish cause and extent.
5. If there is no response, consider rent reduction or legal action.

Key Takeaways

• Always document mold with photos and a dated protocol.
• Set and record clear deadlines for remediation.
• Secure evidence and obtain an expert report if needed.

Help & Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Information on courts and jurisdictions – justiz.de
• Federal Court of Justice (BGH) – Case law

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Sample defect notice - Bundesministerium der Justiz und für Verbraucherschutz (bmjv.de)
3. [3] Information on courts and responsibilities - justiz.de
4. [4] Federal Court of Justice (BGH) - bundesgerichtshof.de