Prove Health Hazard: Tenants in Germany

As a tenant in Germany, an acute health hazard such as mold, gas odor, or lack of heating may require quick action. This guide explains in plain steps how to prove hazards, secure evidence and terminate on time or report defects — even without a lawyer. You will learn which official forms and deadlines matter, how the local court (Amtsgericht) can become involved in disputes and which sections of the BGB are relevant. Practical templates, photo-evidence tips and medical certificates help you enforce your rights. Stay factual, document everything and use the provided authority links for official forms and legal texts. If necessary, set written deadlines and demand defect remediation under § 535 BGB. This text lists concrete steps for evidence preservation, sample wordings and when immediate termination may be justified.

When is a health hazard present?

A health hazard exists when defects impair the use of the apartment so that health is endangered. Typical examples are extensive mold, strong gas odor, or permanently missing heating in winter. In such cases, rules on defects and rent reduction as well as defect remediation in the BGB are relevant^[1].

Gather evidence

• Photos and videos with timestamps, clear images of mold, cracks or water damage.
• Email or registered mail correspondence with the landlord, including dates.
• Medical certificates documenting a health hazard.
• Witness statements from cohabitants or neighbors, ideally recorded in writing.

Terminate on time without a lawyer

If a health hazard exists, extraordinary termination can be considered. Prior to that, send a written notice to the landlord with a reasonable deadline to remedy the defect and request remediation. Official guidance and sample wordings are available from competent authorities and ministries^[2].

• Written defect notice with deadline: date, precise description, requested deadline.
• If no response: termination letter with justification and reference to collected evidence.
• Observe deadlines: set clear deadlines and document delivery (registered mail/hand delivery).
• For immediate termination: explain the concrete danger and attach evidence.

If it goes to court

If a dispute arises, the local court (Amtsgericht) handles many tenancy disputes; higher instances are the Landgericht and the Federal Court of Justice for legal questions and precedents^[3][4]. A complete documentation helps in court: photos, expert reports, certificates and correspondence with the landlord.

FAQ

Can I terminate immediately because of mold?

Yes, this can be possible if health is seriously endangered and the landlord does not act despite a deadline. Document the mold infestation and medical indications.

Do I have to give the landlord a deadline first?

Generally yes: set a reasonable deadline for remediation before you terminate extraordinarily.

Which evidence helps in court?

Photos with dates, medical certificates, witness statements, correspondence with the landlord and expert reports where applicable.

How-To

1. Collect evidence: photos, videos and medical certificates.
2. Send a written defect notice with a clear remediation deadline.
3. Wait for the deadline and document any further communication.
4. If no remedy: prepare a termination letter and send it with proof of delivery.
5. If disputed: file documents at the competent local court and use the evidence to support your case.

Key Takeaways

• Documentation is the core basis for any termination due to health hazards.
• Deadlines and verifiable deliveries protect your rights.
• Act quickly in acute danger, but only with reliable evidence.

Help and Support

• Forms and information: Federal Ministry of Justice (BMJ)
• Laws online: German Civil Code (BGB)
• Federal Court of Justice (BGH) decisions

1. [1] Laws online – German Civil Code (BGB)
2. [2] Federal Ministry of Justice (BMJ) – Forms and information
3. [3] Justice portal of the federal and state governments – Local courts (Amtsgerichte)
4. [4] Federal Court of Justice (BGH) – Decisions