Prove Health Hazard for Tenants in Germany
As a tenant in Germany, you should know how to document a health hazard from apartment defects objectively and report it in a legally effective way. This text explains step by step which evidence counts, how to correctly draft a formal letter (defect notice) and which deadlines and authorities are relevant. The guidance is tailored to German law and avoids legal jargon so you can act quickly, for example in cases of mold, lack of heating or water damage. At the end you will find a how-to, frequently asked questions and links to official legal sources and courts.
What you should do
If you suspect a health hazard, act promptly: report the defect in writing to the landlord, document the condition and symptoms and set a reasonable deadline for remediation. A clear, dated defect notice helps later with rent reduction or legal action. In your letter, refer specifically to the impairment of the apartment's usability and request remedy within a deadline.
- Send a written defect notice with a deadline (e.g. 14 days).
- Take photos, videos and date-stamped records for documentation.
- Name witnesses and record their statements in writing.
- Carry out repairs or hire contractors only after consulting the landlord or agreeing costs in advance.
The legal basis for rent reduction in case of significant defects is found in the BGB; specifically § 536 governs rent reduction for defects.[1] Consider rent reduction only if the defect is significant and you have documented the defect notice.
Evidence: what counts
Good evidence is decisive. The clearer the date and cause are, the stronger your position in negotiations or court. Ensure a complete chronology and parallel documents.
- Solid photo and video documentation with dates.
- Correspondence by email and letter (registered mail possible).
- Witnesses with written confirmation of observations.
If court proceedings become necessary, the local court (Amtsgericht) is responsible; procedural rules are in the Code of Civil Procedure (ZPO).[2]
Forms and templates (official guidance)
There are no uniform nationwide mandatory forms for a defect notice; an informal but clear letter usually suffices. For court actions, templates and guidance are available at courts and justice portals. In the letter, state: date, exact defect description, health hazard (e.g. mold), prior contacts and the requested deadline.
- Defect notice (informal letter): purpose, sample text and structure are described in the article.
- Ejectment or enforcement claims: check instructions and form information on justice portals.
FAQ
- Can I reduce the rent if mold endangers my health?
- Yes, rent reduction may be possible for significant defects. Document the mold, report it in writing and check the reduction amount with legal advice.
- Must I inform the landlord immediately?
- Yes, report defects immediately in writing and set a reasonable deadline for remediation.
- Where do I turn if the landlord does not respond?
- Contact the local court for tenancy-related actions or seek legal advice; in severe cases health authorities can be involved.
How-To
- Write a dated defect notice with description, photos and a request for remediation within a deadline.
- Secure evidence: photos, videos, witnesses and medical certificates if health is affected.
- Notify the landlord by registered mail or email and document receipt.
- If there is no response, consider rent reduction or contacting the health authority; check legal steps with the local court.
- If litigation occurs, submit documents and evidence to the local court and refer to the documented defects.
Key Takeaways
- Date-stamped documentation is central and improves enforcement chances.
- A written defect notice with a deadline is often the basis for rent reduction.
- If the landlord does not react, courts and health authorities may be necessary steps.
Help and Support
- BGB §536: Rent reduction (Gesetze im Internet)
- Code of Civil Procedure (ZPO) - Justizportal
- Federal Court of Justice (BGH) - official site
