Prove Elevator Failure – Tenant Rights Germany
Many tenants in Germany face the problem that the elevator fails, affecting daily life, access to the apartment or health. To later enforce a rent reduction or claim damages in court, you need court-proof documentation of the outage: date, times, duration, photos, witnesses, communications to the landlord and repair records. This guide explains in plain language which proofs are relevant, how to collect evidence chronologically and which deadlines and the competent court (local court) to observe. You will also find practical sample texts for letters to the landlord and references to official legal bases in Germany. At the end there is a short FAQ, a step-by-step guide to proof and links to official sources such as the BGB. The steps presented help to assert rights such as rent reduction securely and, if necessary, to prevail before the local court.
What to document?
Focus on clear, verifiable facts. Collect everything chronologically in a folder or digital directory.
- Date and exact times of the outage with duration.
- Photos and videos of the non-functioning elevator and any damage.
- Witness statements (name, contact, short explanation).
- Written correspondence with the landlord: emails, SMS, reports to the property management.
- Repair records or confirmations from technicians/engineers.
- Document financial consequences: travel costs, loss of earnings, medical additional costs.
When can you claim a rent reduction?
If the elevator significantly impairs the usability of the apartment, tenants have a right to reduce rent under tenancy law. Relevant legal bases are in the German Civil Code (BGB), especially regarding usability and rent reduction. Inform the landlord immediately in writing and set a reasonable deadline for remedy. Document the report and the landlord's response.
How to word a letter to the landlord
A short, factual letter with date, period and concrete consequences is usually sufficient. State concrete demands such as remedy within a deadline or announcement of a rent reduction.
- Date of the letter, description of the defect and start of the outage.
- Set a clear deadline for remedy (e.g. 14 days).
- Document costs already incurred with receipts.
How-To
- Collect evidence immediately: photos, videos, timestamps and witnesses.
- Inform the landlord in writing and request remedy within a deadline.
- Record all response times from the landlord and appointments with technicians.
- Collect receipts for additional costs (travel, taxi receipts, medical bills).
- If no agreement: prepare documents for proceedings at the local court.
- Use official information points or consultations on consumer or justice portals.
What to do in long or repeated outages?
For repeated or prolonged outages you can consider a permanent rent reduction or claim damages. In court, completeness and traceability of your documents matter. Decisions of higher courts such as the Federal Court of Justice (BGH) provide orientation.
FAQ
- When is an elevator outage a defect?
- A defect exists when the use of the rented property is restricted and the living value significantly decreases, for example due to limited accessibility of the apartment.
- How quickly must I inform the landlord?
- Immediately after detection in writing with date, time and a deadline for remedy; keep a copy.
- Can I simply reduce the rent?
- A unilateral reduction is possible, but safer if announced in advance and accompanied by careful documentation; the local court decides in disputes.
Help and Support / Resources
- BGB: statutory texts and regulations
- Federal Court of Justice: decisions and rulings
- Justice portals: court forms and guidance
