Mold Removal: Tenant Duties in Germany
As a tenant in Germany it is important to know who is responsible for mold removal and which rights and obligations apply. Mold can endanger health and requires defect notifications, deadlines and documentation. This guide explains in plain language when landlords are responsible for maintenance and defect remediation under § 535 BGB, which obligations tenants may have themselves and how to report defects correctly. You will also find practical steps for preserving evidence, notes on the right to reduce rent and on enforcement at the local court.[3] At the end there are official forms and links to authorities so that you can act safely and purposefully.
Who is responsible?
In principle the landlord is responsible for maintaining the rental property and must remedy defects such as mold if the cause is structural.[1] Tenants also have obligations to prevent damage, such as proper heating and ventilation.
- Repair: Landlords must professionally remedy structural causes, for example damp spots in the facade or leaking pipes.
- Repair: Tenants should prevent mold by regular ventilation and sufficient heating and report minor causes immediately.
Reporting defects: how to report mold
A formal defect notification protects your rights: record the defect, describe extent and date, attach photos and request a deadline for remediation.
- Notice: Send the defect notification in writing by registered mail or by email with read receipt to the landlord.
- Within: Set a reasonable deadline for remediation, typically 14 days for acute health hazards.
- Evidence: Collect evidence such as photos, heating bills, witnesses and logs of ventilation and heating behavior.
- Repair: Demand professional remediation and document cost estimates and invoices.
What to do in case of dispute and deadlines
If the landlord does not respond, tenants can reduce the rent or arrange remediation themselves and reclaim costs. For court actions the rules of the Code of Civil Procedure usually apply and the local court is the first instance.[2] Important legal questions can reach the Federal Court of Justice.[4]
FAQ
- Who pays for mold removal?
- Generally the landlord bears the costs if the cause is structural; tenants pay if there is proven personal fault.
- When can I reduce the rent?
- If the use of the dwelling is significantly impaired, tenants can reduce the rent proportionally as long as the defect persists; inform the landlord in writing first.
- How quickly must I act?
- Inform the landlord immediately in writing, document the infestation and set a reasonable deadline for remediation.
How-To
- Within 0-2 days: Photograph the mold and note the date, location and extent of the infestation.
- Notice: Write a formal defect notification to the landlord and request a deadline for remediation.
- Evidence: Collect evidence, keep heating bills and witness notes.
- Repair: If there is no response, have a professional assessment made and check cost coverage.
- Court: As a last resort file a claim at the competent local court or use debt-collection procedures.
