Proving Elevator Failure: Tenant Help Germany

As a tenant in Germany, a working elevator is often part of the agreed usability of your apartment. If the elevator fails, routes, health and daily life can be significantly affected, especially for older or mobility-impaired people. This article explains step by step how to factually document an elevator failure, which evidence makes sense, how to set deadlines and check a rent reduction. The aim is to provide you with safe negotiation strategies without an immediate lawyer and clear guidance on when a court is competent and which official forms are important. The information is based on German tenancy law and practical tips for tenants in Germany.

Legal framework

Landlords are obliged under the BGB to keep the rented property in a condition suitable for contractual use. If an elevator fails, this may constitute a defect of the rented property and thus claims for remedy or rent reduction under §§ 535 et seq. BGB ^[1]. In court proceedings, the rules of the Code of Civil Procedure apply to lawsuits and eviction actions ^[2].

How to prove an elevator failure

Documentation is crucial: precise, dated and traceable. Collect photos, videos, communication records and witness statements promptly. Set a written deadline for the landlord to fix the issue and keep copies of all messages.

• Photos and videos of malfunctioning displays, control panels or open doors as direct evidence.
• Record date and time of each failure, ideally with screenshots or timestamps.
• Send a written defect report to the landlord and property manager (email plus registered mail recommended).
• Collect witness statements from neighbors or the caretaker as short written declarations.
• Secure logs or responses from the property management and maintenance company.

Rent reduction and deadlines

Whether and to what extent a rent reduction is possible depends on the extent of the impairment. The legal basis is in the BGB; a rent reduction may be possible if the elevator is part of the contractually owed use ^[1]. Send the landlord a written deadline for repair and state that you will consider legal steps if not remedied.

If no agreement is reached, court clarification may follow; consider the lawsuit forms and procedures at your local district court, the rules are in the Code of Civil Procedure ^[2].

Negotiate without a lawyer

Many cases can be resolved through structured communication. Stay factual, document every step and offer concrete solutions, such as temporary assistance for affected tenants or a repair deadline.

• Consider an initial clarifying phone call with the landlord or property manager and note time and content.
• Summarize results in writing and send a deadline by email and registered mail.
• Propose constructive solutions, e.g. alternative access or temporary help for affected tenants.
• If an agreement is reached, have it confirmed in writing.

FAQ

When can I reduce the rent?

If the elevator is part of the contractually guaranteed usability and the failure significantly restricts use, a rent reduction can be considered; assess the scope and duration of the defect.

Do I have to inform the landlord first?

Yes, a formal defect report with a deadline to the landlord is a prerequisite to assert rights such as rent reduction or damages.

When is the court competent?

Local district courts are generally competent for disputed tenancy matters; appeals go to the regional court and in individual cases to the Federal Court of Justice.

How-To

1. Document immediately: collect photos, videos and exact time information.
2. Record frequency and duration of failures and create a short overview with dates.
3. Send a written defect report to landlord and property manager and set a clear deadline for repair.
4. Have a clarifying conversation and document results by email.
5. If no solution is found, consider legal action and, if necessary, file a lawsuit at the district court.

Help and Support / Resources

• Gesetze im Internet - BGB
• Gesetze im Internet - ZPO
• Justizportal - Information on courts
• Federal Ministry of Justice - forms and information

1. [1] Gesetze im Internet - BGB
2. [2] Gesetze im Internet - ZPO
3. [3] Justizportal - Information on courts
4. [4] Federal Ministry of Justice - forms and information