Notice of Defects for Tenants in Germany 2025

As a tenant in Germany, a carefully written notice of defects is the first step when housing defects occur. This article explains step by step how to document defects legally, meet deadlines and collect evidence so that rent reduction or other measures become possible. We describe practical wording, official forms and the correct conduct toward the landlord as well as the role of the local court in disputes. The aim is to give you clear actions so you can protect your rights without legal fault. The notes are general; for complex cases we name responsible courts and official sources so you can plan next steps.

What is a notice of defects?

A notice of defects informs the landlord about a defect and gives them the opportunity to remedy it. Under §§ 535 and 536 BGB, rent reduction may be possible for significant defects.^[1]

Step-by-step: Documenting defects

How to create a court-ready notice of defects with clear language and evidence.

• Describe the defect precisely: location, type, extent, since when.
• Take photos and videos and mark them with dates.
• Name witnesses or attach written statements.
• Set a reasonable deadline (e.g. 14 days) and state the deadline date.
• Send the notice in writing and prove delivery (insertion, registered mail).

Official forms and templates

For filing a lawsuit and court steps use the forms and rules of civil procedure; the ZPO governs processes for lawsuits and evictions.^[3] An informal but complete template letter to the landlord often suffices beforehand.

Frequently Asked Questions

Can I reduce rent if I report mold?

Yes, if the defect significantly impairs habitability and the landlord does not respond within a reasonable time, rent reduction may be possible.^[1]

How do I send the notice of defects in a provable way?

Registered mail with return receipt or handover against a confirmation of receipt is most secure; document date and content.

When is a case heard at the local court?

Disputes about rent reduction, termination or eviction are usually heard at the local court; the local court is the first instance for most tenancy disputes.^[2]

How-To

1. Document: collect photos, dates, witnesses and all evidence.
2. Write: letter to the landlord with a deadline and requested remedy.
3. Observe deadlines: respond within set deadlines or extend them in writing.
4. If necessary, file a lawsuit at the competent local court.

Key Takeaways

• Documentation is crucial for rent reduction and legal enforcement.
• Set clear deadlines and send the notice in a provable way.
• The local court is often competent; know your local jurisdiction.

Help and Support / Resources

• BGB §536 – Rent reduction (Gesetze im Internet)
• Justice – Information on courts in Germany
• Federal Court of Justice – Decisions

1. [1] BGB §536 – Rent reduction (Gesetze im Internet)
2. [2] Justice – Information on courts in Germany
3. [3] ZPO – Code of Civil Procedure (Gesetze im Internet)