Prove Imminent Danger: Tenants in Germany

As a tenant, "imminent danger" can arise suddenly when immediate action is required, for example with a failed heating system, burst pipe, or acute mold. This practical guide explains which types of evidence are accepted by courts or landlords, how to meet deadlines, and which forms and authorities are relevant. We outline step by step which documents, photos, and witness statements help, which legal bases under the BGB^[1] and the ZPO^[2] matter, and how to behave if an eviction is threatened. The text is aimed at tenants in Germany and uses clear language without legal jargon so you can act quickly and protect your rights effectively.

When is there imminent danger?

Imminent danger means that without immediate measures protection or action would no longer be possible — for example an acute health hazard from mold or a burst pipe that makes the dwelling uninhabitable. In such cases immediate intervention may be required, even without prior judicial order. Always check whether the situation is truly urgent and document the condition immediately.

Collecting evidence

• Secure photos and videos (photo/video) with date and time stamps.
• Export and locally store correspondence, emails and SMS (document).
• Note witness names and record oral statements.
• Collect invoices and receipts (receipt) from tradespeople and keep them safe.

Immediate steps

• Notify the landlord in writing immediately and set a reasonable deadline for remedy (use a form (form) if available).^[4]
• Document deadlines: note the date of notification and set a clear deadline for remedy (deadline).
• Respect entry rights and data protection when landlord or tradespeople enter the dwelling (entry).

Court procedures

If the landlord does not respond or disputes the urgency, enforcement through the local court may be necessary. In urgent situations there are provisional remedies; the ZPO regulates related procedures.^[2] For fundamental legal questions and precedents, rulings by the Federal Court of Justice are relevant.^[3] Gather all evidence, prepare a chronological file and consider involving a lawyer or legal counsel early.

FAQ

What counts as sufficient evidence for imminent danger?

Sufficient evidence includes timely photos/videos, written defect reports, witness statements and repair invoices; all documented chronologically.

Can I carry out measures myself and reclaim costs?

In acute cases you may arrange necessary emergency measures. Keep all receipts; reimbursement can be pursued by a claim at the local court.

Which authorities or courts are competent?

For tenancy disputes the competent first-instance court is the local Amtsgericht; higher questions may be decided by the Landgericht or the BGH.

How-To

1. Document the situation immediately: take photos, videos and note dates.
2. Send a written defect notice to the landlord and set a deadline.
3. If necessary, have emergency repairs carried out and keep all invoices.
4. If there is no response, inform the local court and consider applying for provisional relief.
5. Seek legal advice or tenant counselling if unsure.

Key takeaways

• Careful evidence collection is critical for court success.
• Observe and document deadlines to protect your rights.
• Local courts (Amtsgerichte) handle most tenancy disputes in Germany.

Help and Support / Resources

• Local courts and court information
• BGB on Gesetze im Internet
• Federal Court of Justice (BGH) – official site

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – official site
4. [4] Federal Ministry of Justice – forms and guidance