Proving Elevator Failure: Tenant Checklist Germany

An elevator outage can severely disrupt daily life and reduce habitability. As a tenant in Germany you have rights under the German Civil Code and may be entitled to rent reduction, compensation or set deadlines if the landlord does not act promptly. This guide explains plainly and without legal jargon how to document the outage quickly and in a way that stands up in court, which evidence matters, and which official steps are possible. Step by step you will learn which wording is useful in a defect notice, which deadlines to observe, and how to prepare photos, witness statements and written communication so they can hold up in legal proceedings.

What to do in case of elevator failure?

Act systematically: secure evidence, inform the landlord in writing and set reasonable deadlines. Note exactly when the failure began, how long it lasted and which faults occurred (e.g. power loss, doors stuck). If people were affected or there are health risks, document these especially carefully.

Observe the relevant legal rules in the German Civil Code regarding the landlord's obligations and rent reduction.^[1][2]

Important evidence and how to preserve it

• Record the date and time of the failure as well as start/end times
• Take photos and short videos of the elevator display, error messages and construction before and after the incident
• Send a written defect notice to the landlord by email and registered mail with an exact description
• Note witnesses with contact details (neighbors, caretaker)
• Keep records of costs or extra effort (taxis, detours, medical expenses)

When complaining in writing, name a reasonable deadline for repair and avoid threatening eviction prematurely; refer factually to your rights and the possibility of court action after the deadline expires.^[3]

Relevant forms and templates

There is no single nationwide "elevator report" template, but common documents and drafts are:

• Defect notice (written): brief description of the defect, date/time, requested deadline for remedy — example: "I hereby report the elevator outage on 12.05.2025 at 08:20 and request remedy by 15.05.2025."
• Termination letter / warning (for repeated or unremedied defects): only use after deadline expiry and advice
• Filing a lawsuit at the local court (for eviction or compensation): if out-of-court resolution fails

Frequently Asked Questions

How quickly should I inform the landlord?

Immediately after discovering the failure in writing, preferably by email and additionally by registered mail or fax; record date and time.

Can I reduce the rent because of elevator failure?

Yes, under certain circumstances a rent reduction is possible; the amount depends on the extent of the impairment and is guided by case law on the German Civil Code.^[2]

Which court do I contact in case of dispute?

Rental disputes are first heard by the competent local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH).

How-To

1. Record date and time and document start/end of the failure
2. Take photos and videos of the elevator, error messages and surroundings
3. Send a written defect notice to the landlord and set a deadline
4. Secure witnesses and caretaker contact details
5. If not remedied, consider legal steps and contact the local court

Help and Support

• Gesetze im Internet (BGB & ZPO)
• Federal Court of Justice (BGH)
• Justice Portal of the Federal Government and the Länder

1. [1] Gesetze im Internet: BGB §535 – Landlord obligations
2. [2] Gesetze im Internet: BGB §536 – Rent reduction
3. [3] Gesetze im Internet: ZPO – Code of Civil Procedure