Mold Removal for Tenants in Germany
Immediate actions
- Take photos and notes: record date, exact location (e.g. ceiling, windowsill) and extent of the mold.
- Inform the landlord in writing and set a clear deadline (e.g. 14 days).
- If moisture or health is acutely endangered, demand an expert assessment and remediation immediately.
- Log deadlines and appointments; note phone calls, names and times.
Rights and legal basis
In case of mold, living quality may be impaired and a rent reduction under BGB §536 may be possible.[1] Crucial are the extent of impairment, the cause (e.g. structural defect vs. tenant behavior) and whether the landlord was notified in time. There is no fixed percentage table, so documentation is important and an appraisal is often useful.
If the landlord does not respond
If the landlord does not react within the set deadline, tenants can consider legal steps. Minor civil disputes are heard at the local court; procedural rules are set out in the Code of Civil Procedure.[2] Higher-instance rulings and precedents may come from the Federal Court of Justice and are relevant for rent-reduction cases.[3]
How-to
- Document: photos, date, room, medical notes and all details.
- Inform the landlord: send a written defect notice with a deadline and attachments.
- Wait the deadline: observe the set period and send reminders if needed.
- Check rent reduction: only assess with documentation and justification or seek legal advice.
- Court action: consider filing a claim at the competent court if inaction continues.
FAQ
- Can I reduce rent if mold appears?
- Yes, under certain conditions a rent reduction under the BGB may be possible; the extent depends on the individual case and must be documented.
- Who pays for remediation?
- Generally the landlord must remedy structural defects; tenant behavior can lead to shared responsibility. The cause determines cost liability.
- Which deadlines apply?
- Notify the landlord immediately; set a reasonable remediation deadline (often 14 days) and document all actions.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection (bmj.de)
- Laws in the Internet (BGB and ZPO)
- Federal Court of Justice (bgh.de)