Notice of Defects for Tenants in Germany

As a tenant in Germany, a legally sound notice of defects is crucial if the apartment has issues like mold, a broken heating system, or burst pipes. A clear written message to the landlord, supplemented by photos, dates and witness names, helps later to assert rent reduction or to defend against court queries. In this article we explain in plain language which mandatory details a valid notice needs, how to document damage photographically, set deadlines and which official rules from the BGB and the ZPO apply^[1][2]. At the end you will find FAQs, a step-by-step guide and links to official forms and courts.

When is a defect notice effective?

A defect notice is effective when it clearly states which defect exists, when it first occurred and how it affects the use of the apartment. Use date, location and concrete examples (e.g. "mold on the north wall in the bedroom since March"). Name witnesses or prior reports if available.

Writing and documenting a defect notice

Prepare a short, factual statement and attach evidence. Send the notice by email and additionally by registered mail if possible. Name a deadline for remedy (e.g. 14 days) and state which steps you will take if there is no response (e.g. rent reduction, mediation or legal action).

• Take high-resolution photos and name files objectively (e.g. "bathroom-mold-2025-03-10.jpg").
• Record the date and time of all observations and photos.
• Draft a written notice with facts, desired deadline and contact details.
• Name witnesses, building management or caretaker as contacts and save communication records.
• Keep originals, emails and proof of dispatch (registered mail).

Formal notes

Mandatory content includes a precise description of the defect, the location in the property, since when it exists and your contact details. Keep wording factual; threats or vague deadlines weaken the effect. Refer, if relevant, to §§ 535 et seq. BGB on remedy and rent reduction^[1].

Rights and procedures

If there is no response, you as a tenant can assert rent reduction or carry out repairs by third parties and claim costs if conditions are met. For court actions, the local court (Amtsgericht) is usually responsible; procedural rules are set by the ZPO^[2]. Higher instances like the regional court or the Federal Court of Justice (BGH) handle appeals and precedent cases^[3].

Official forms and templates

There is no nationwide mandatory "defect notice form"; tenants usually use an informal letter. Relevant official texts and templates can be found on justice and ministry websites. Another common template is a termination letter according to statutory requirements; use official guidance from the Federal Ministry of Justice for correct wording.

• Check BGB provisions on defects and rent reduction for legal framework.
• Use pre-formulated letters or guidance from the Federal Ministry of Justice as orientation.

FAQ

When can I reduce the rent?

You can reduce the rent if the usability of the apartment is significantly impaired. The amount depends on the extent of impairment; document damage carefully and observe the obligation to notify the landlord.^[1]

What happens if the landlord does not respond?

If the landlord does not respond, you can set deadlines, reduce the rent or initiate legal steps after the deadline expires. The local court is often responsible; procedural steps are governed by the ZPO.^[2]

Which types of evidence are useful in court?

Photos with dates, emails, registered mail receipts, witness statements and expert reports are suitable. A continuous timeline increases credibility before courts or in mediation.^[3]

How-To

1. Identify the defect and create a clear description including location and start date.
2. Secure photos and, if applicable, video recordings with date information.
3. Draft the written defect notice, set a deadline for remedy and send by email and registered mail.
4. Document the expiry of deadlines and announce further steps if there is no response.
5. Where necessary, initiate mediation or legal action at the competent local court and attach all evidence.

Help and Support

• Gesetze im Internet (BGB) — Federal Ministry of Justice
• Federal Ministry of Justice — official information
• Federal Court of Justice (BGH) — decisions and information

1. [1] BGB §536: Rent reduction — Gesetze im Internet
2. [2] ZPO: Code of Civil Procedure — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Information and case law