Mold: Tenant Rights in Germany

Many students in Germany discover mold in their room and do not know which steps tenants should take. This guide explains in plain language how tenants can distinguish their duties from the landlord's, meet deadlines for defect notices, and secure evidence. You will learn when a rent reduction is possible, which forms and authorities are relevant, and how to seek an amicable solution without court proceedings. Practical checklists, sample defect-notice texts and pointers to official forms help avoid conflicts. The aim is to give you confidence in communicating with the landlord and enforcing mold-removal obligations. We name authorities, forms and deadlines specifically. This enables you to act faster as a tenant.

What to do about mold?

Act promptly: mold can affect health and damage the property. First check whether the cause lies in the building structure or in user behavior. The basic legal rules on the rental contract and maintenance are found in the German Civil Code (BGB)^[1]. For questions, the competent local court (Amtsgericht) is the first instance for tenancy disputes^[2].

• Report the defect in writing by registered mail or e-mail (notice)
• Document photos, date and room as evidence (document)
• Request landlord to remedy and set a clear deadline (within 14 days) (deadline)
• If there is acute danger, inform the public health office or a doctor (safety)
• Consider rent reduction if the habitability is significantly impaired (rent)

Forms & Authorities

There is no single nationwide template that automatically resolves defects. However, the following official procedures and forms can be useful:

• Defect notice (written demand to the landlord): sample text by registered letter with deadline, including description, date and photos (notice)
• Application for issuance of a payment order (Mahnbescheid) for monetary claims; check if the payment-order procedure applies^[3] (form)
• Eviction or performance lawsuit at the local court if out-of-court solutions fail (court)

If mold is caused by structural defects (e.g., leaking windows, damp walls), the landlord is generally obliged to remedy it. If mold is caused by incorrect ventilation or drying behavior, the tenant may be partly liable. Clarify source and cause as early as possible.

How to avoid disputes

Communication and documentation reduce conflicts. Describe the defect factually, specify a concrete deadline for remediation and offer times for an inspection. If possible, suggest an independent assessment.

• Contact the landlord directly and propose an inspection appointment (call)
• Suggest short-term interim measures, e.g. ventilation rules or drying equipment (tip)
• If agreement is difficult, contact advisory services or tenant counseling (document)

FAQ

Who pays for mold removal?

The landlord pays for structural defects or causes in the building; if the tenant causes mold through incorrect ventilation or drying, the tenant can be liable.

Which deadlines apply for defect notices?

Defects should be reported promptly, ideally in writing within a few days; 14 days is often a reasonable deadline for remediation, shorter for urgent cases.

When can I reduce the rent?

If the usability of the dwelling is significantly impaired, a rent reduction may be possible; the amount depends on the extent of the impairment and case law.

How-To

1. Report the defect in writing and attach photos.
2. Set a deadline for remediation (e.g., 14 days) and propose an inspection date.
3. If there is no response, contact an advisory service and consider legal steps.
4. If necessary, file a lawsuit at the local court (Amtsgericht).

Help and Support / Resources

• BGB: German Civil Code (central legal basis for tenancy)
• Federal Court of Justice (important for case law)
• Federal Ministry of Justice (forms and information)

1. [1] BGB - German Civil Code (Gesetze im Internet)
2. [2] Federal Court of Justice - Official Site
3. [3] Federal Ministry of Justice - Forms and Info