Proving Defect Notices – Tenants in Germany
As a tenant in Germany, a precise defect notice can be decisive for enforcing rights such as rent reduction or repairs. Many tenants do not know how to report defects in writing, factually and traceably, which deadlines apply and what evidence is sufficient. This guide explains step by step how to document defects, secure photos and communication and send formal letters to the landlord correctly. I also describe which official laws and courts are relevant in disputes and which forms you may need. At the end you will find clear to‑dos and links to official sources.
What is an effective defect notice?
An effective defect notice specifies the defect concretely, names place and date, describes the impairment and requests the landlord to remedy it within a reasonable deadline. Legally this is based on the landlord's duties in the BGB (Sections 535–536) and on the possibility of rent reduction for unremedied defects[1].
What should tenants pay attention to?
- Report in writing: Send the defect notice by email with delivery confirmation or by registered mail.
- Secure evidence: Attach photos, videos and invoices and note date and time.
- Set a deadline: State a clear deadline, e.g. 14 days, for remedying the defect.
- Check rent reduction: Inform whether you consider a rent reduction if no remedy occurs.
Securing evidence correctly
Collect evidence systematically: dated photos, written communication, repair invoices and witness statements. Create separate folders for emails and receipts and make a short defect chronology.
- Photos and videos: Multiple perspectives, date visible or include date in the file name.
- Written communication: Keep copies of every email and letter.
- Repair invoices: Note invoices and reports who worked when.
- Witnesses: Record names and contact details if neighbors or the caretaker can confirm the defect.
Courts and legal jurisdictions
If defects are not addressed, you may consider further steps; rental disputes are generally heard in the local court (Amtsgericht), higher instances are the regional court and ultimately the Federal Court of Justice[2]. Civil procedure rules apply under the ZPO (Civil Procedure Code)[2]. If necessary, a lawsuit or interim injunction may be required.
FAQ
- Can I reduce the rent without first sending a defect notice?
- As a rule, you should inform the landlord in writing first; reducing rent without a prior defect notice can increase the risk of legal disadvantages. A written record is important if a dispute later arises.[1]
- How long must I give the landlord to remedy the defect?
- Give a reasonable deadline depending on the defect; often 14 days is a reasonable guideline. In case of acute dangers (e.g. heating failure) a shorter deadline or immediate action may be necessary.
- What evidence is usually sufficient?
- Photo documentation, date information, written communication and repair invoices typically provide sufficient proof of the existence and extent of a defect.
How-To
- Photograph and document the defect immediately with date and description.
- Draft a written defect notice with location, date, defect description and deadline and send it to the landlord with proof of delivery.
- Set a reasonable deadline (e.g. 14 days) and announce potential consequences if no remedy occurs.
- If the landlord does not respond, consider legal action before the local court or seek legal advice.
Help and Support / Resources
- [1] Gesetze im Internet - BGB §536 Mietminderung
- [2] Gesetze im Internet - ZPO (Zivilprozessordnung)
- [3] Bundesgerichtshof - Decisions and Information
