Proving Defect Notices 2025 for Tenants in Germany

Many tenants in Germany face the question of how to document a defect notice so that it withstands court review or disputes with the landlord. This guide explains step by step which pieces of evidence matter, which deadlines apply and which wording in the notice helps. You will learn how to combine photos, defect logs, witness statements and written communication sensibly and when to involve a lawyer or local tenant advice service. Especially important are the rules in the BGB on tenant rights and the local courts that decide on rent reductions and damages. At the end you will find practical template letters and information on official forms. Use the checklist in the article to enforce your rights systematically.

What is an effective defect notice?

An effective defect notice describes the specific defect, states location and time, sets a reasonable deadline for remedy and documents the impact on use of the dwelling. Legal bases can be found in the BGB and procedural rules.^[1]

Which pieces of evidence help?

• Save photos with date and time.
• Keep written communication by email and letter.
• Keep a defect log: date, location, effects.
• Document witness statements in writing.
• Collect offers or invoices for repairs.

Formal requirements & deadlines

Formal requirements are guided by the BGB and ZPO procedures; therefore it is important to set clear deadlines and document service of notices.^[1][2]

• Send a written defect notice with a deadline for remedy.
• Typical deadline: 14 days, but this varies by defect.
• Report urgent hazards immediately and document them.

Official forms and templates

There is no nationwide official form for a defect notice, but there are official procedural forms for court proceedings. Relevant forms include the application for legal aid (PKH) and civil complaint forms; you can find them on the websites of justice ministries and courts. A practical defect-notice template should include these points: subject, exact description of the defect, deadline for remedy, note on possible rent reduction and a request for written feedback.

• Application for legal aid (PKH) – use if you cannot bear the costs of legal proceedings alone.
• Civil complaint form – required if a court decision becomes necessary.

Rent reduction, evidence in court and examples

For significant impairment of a dwelling's use, a rent reduction is possible; the amount depends on the loss of usability. Court decisions, especially by the BGH, shape practice, so solid documentation is decisive.^[3]

• Calculation of rent reduction depends on how much the dwelling's use is affected.
• Use logs and photos as evidence at the local court.
• Eviction or payment suits are heard at the local court.

FAQ

Can I reduce the rent immediately?

You can reduce the rent if the dwelling is defective; inform the landlord in writing beforehand.

How long do I have to collect evidence?

Collect evidence immediately and document deadlines; procedural steps follow the ZPO rules.

When should I go to court?

If the legal situation is unclear or the landlord does not respond, a lawsuit at the local court may be necessary.

How-To

1. Photograph the defect and note the date.
2. Send a written defect notice to the landlord and set a deadline.
3. Monitor the deadline and send a reminder if necessary.
4. Collect cost estimates and invoices for necessary repairs.
5. If the reduction is justified, pay the reduced rent and document it.
6. If in dispute, consider filing at the local court and applying for legal aid (PKH).

Help and Support / Resources

• BGB – Gesetze im Internet
• ZPO – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] ZPO — gesetze-im-internet.de
3. [3] Federal Court of Justice — bundesgerichtshof.de