Notice of Defects: Tenant Rights in Germany

As a tenant in Germany, you are often confronted with apartment defects, deadlines and questions about evidence. This article explains in practical terms how to write an effective notice of defects, which evidence (photos, logs, witnesses) is likely to hold up in court and which deadlines you must observe. We explain when rent reduction is possible, what obligations the landlord has (§ 535 BGB)^[1] and how to prepare a court procedure at the local court (Amtsgericht)^[2]. Concrete examples from big cities show how documentation and meeting deadlines affect the outcome. At the end you will find checklists, the relevant forms and information on authorities and courts in Germany. You will receive practical wordings for notices of defects, tips for collecting evidence and a timeline for submitting documents to the local court or mediation body.

What to do about defects?

If you discover a defect, inform the landlord in writing and set a reasonable deadline for remedy. Describe the defect precisely, give date and location, and request remedy. State possible consequences such as rent reduction if the defect is not fixed.

Securing evidence

Document everything promptly:

• Photos with date and time
• Correspondence and repair logs
• Witness names and written statements
• Notes on inspections and appointments

Forms & deadlines

There is no single official notice-of-defects form, but for procedural steps you can find templates and forms at authorities (e.g. complaint forms for eviction suits). Use template wordings for written defect notices and observe deadlines for reporting and repairs.

• Notice of defects (own wording, date, deadline)
• Termination letter – templates and guidance (BMJV)^[3]
• Complaint / eviction suit – court forms

FAQ

How do I report a defect correctly?

Always report defects in writing with a precise description, date, deadline for remedy and request a confirmation of receipt.

When may I reduce the rent?

Rent reduction is possible when usability is significantly restricted; the amount depends on the extent of the impairment.

Which court is competent?

In most tenancy disputes the local court (Amtsgericht) is competent; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH).

How-To

1. Describe the defect in writing and date the notice.
2. Set a deadline for remedy (e.g. 14 days).
3. Secure evidence: photos, logs, witnesses.
4. If there is no response: announce rent reduction and consider legal protection.
5. Prepare documents for a complaint at the local court if necessary.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) § 535
• Informationen zu Gerichten und Zuständigkeiten
• Bundesgerichtshof (BGH) – Case law

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1. [1] Bürgerliches Gesetzbuch (BGB) § 535 — Gesetze im Internet
2. [2] Information on local courts and jurisdiction — Justizportal
3. [3] Templates and guidance — Federal Ministry of Justice and for Consumer Protection (BMJV)