Prove Health Hazard as Tenant in Germany

As a tenant in Germany, you have the right to report and prove health hazards in your flat. This text explains in plain language which pieces of evidence are helpful, how to organize photos, written notifications and measurement protocols, and which official sample forms you can use. I describe practical steps: inform the landlord, set deadlines, commission an expert if necessary and how you can assert your rights under the BGB, for example rent reduction or damages. You will also learn when proceedings before the local court are sensible and which documents are important. The examples include wording for letters to the landlord and deadline notices.

What counts as a health hazard?

Health-endangering defects are problems that can directly affect your health. Typical cases are mold, lack of heating in winter or contaminated drinking water. Such defects can significantly impair the use of the dwelling and require prompt action.

• Mold infestation (mold): visible spots, odor or breathing problems.
• Heating failure (heating): permanently missing or insufficient warmth.
• Contaminated water (water): odor, cloudiness or health complaints after using drinking water.
• Harmful odors or pollutant sources (ventilation): persistent odor pollution or construction/liability issues.

Collecting evidence: step by step

Good documentation often decides success or failure. Collect clear, dated evidence and record contacts with the landlord.

1. Take photos and videos (photo): show date, time and affected areas clearly.
2. Secure measurement protocols and expert reports (document): measurements, measuring device and the expert's name.
3. Send a written defect notice to the landlord (form): describe the damage, demand remedy and set a reasonable deadline.
4. Document deadlines (days): record notification date, start and end of deadlines.
5. Save contacts (contact): note names, phone numbers and emails of craftsmen, experts and the landlord.

Forms and templates

There is no nationwide mandatory form for a defect notice, but standardized sample letters help to convey all important information. In court proceedings you will need formal pleadings according to the requirements of the ZPO.

• Written defect notice (sample letter): describe defect, consequences, deadline and desired remedy; attach copies of all evidence.
• Pleading according to the ZPO (form): if remedy does not occur, the legal route is via the local court.

When to go to court and which instance

If there is no reaction, tenants can file a lawsuit at the local court; rental disputes are decided there in the first instance. The Code of Civil Procedure regulates formalities and deadlines in proceedings.^[3] Claims for rent reduction or damages are based on the provisions of the BGB.^[1][2]

FAQ

Can I reduce the rent if mold endangers health?

Yes, in cases of significant impairment due to health hazards a rent reduction can be justified; document the defect and inform the landlord in writing.

How long must the landlord react?

The landlord must remedy the defect within a reasonable period; what is reasonable depends on the defect and should be set in writing.

Where can I turn if the landlord does not react?

If no agreement can be reached, the local court is competent; expert reports or attempts at conciliation are often useful beforehand.

How-To

1. Document the hazard (photo): take photos, videos and written notes.
2. Inform the landlord (form): send a defect notice by registered mail or email and set a deadline.
3. Commission an expert (document): if necessary, have an independent expert prepare a report.
4. Monitor deadlines (days): record responses and appointments.
5. Consider court action (court): file a lawsuit at the local court if all other steps fail.

Help and Support

• [1] Gesetze im Internet – BGB
• [2] Gesetze im Internet – ZPO
• [3] Justice Portal – Information on Courts

1. [1] BGB §536 – Mietminderung
2. [2] BGB §535 – Duties of the Landlord
3. [3] Code of Civil Procedure (ZPO)
4. [4] Information on Courts (Amtsgericht)