Proving Elevator Outage: Checklist for Tenants in Germany

An elevator outage can greatly disrupt the daily life of tenants, especially in multi-story apartment buildings in Germany. As a tenant, you should know how to document the outage carefully, which photos and notes serve as evidence, and which deadlines and steps are important when reporting, seeking rent reduction, or pursuing legal action. This guide explains in plain language how to take photos correctly, keep a clear damage log, and which official forms or authorities to involve if necessary. We provide practical checklists, explain when rent reduction may be possible, and show how to organize your documents for successful communication with the landlord or the local court. The guidance refers to German tenancy law and lists relevant statutes and forms. Keep your tenant rights in view.

What counts as evidence?

When the elevator fails, it is important to combine several types of evidence. Photos alone are often strong, but combined with timestamps, maintenance reports, and written notices they increase evidentiary weight.

• Take photos and videos with date, time and location visible.
• Keep a short written log with times, duration of the outage and affected floors.
• Save written notices or emails sent to the landlord.
• Collect maintenance reports or repair orders from the caretaker if available.
• Record witness statements from neighbors or visitors (name, date, short description).

Practical photo and documentation rules

Align photos so the camera's date and time or the file name clearly show when they were taken. Photograph the elevator display, signage, open shaft areas (only safe, accessible areas) and visibly affected people. Add a short note to each photo stating when and by whom it was taken.

• Take a close-up of the control panel or error message.
• Take a wide shot showing the elevator's location within the building.
• Save a photo of any posted notices about the outage.
• Store copies of photos in at least two locations (cloud/USB).

Reporting to the landlord

Report the outage in writing (email or letter), describe the effects and request an acknowledgment of receipt. Note the date and time of the report and whether you received a response.^[1]

• Send a formal defect notice by email or registered mail.
• Set reasonable repair deadlines (e.g., ask for repair within 7 days).
• If the situation is dangerous, call the caretaker or emergency services and document the call.

Checklist: What tenants should do now

• Take photos and videos with date and time stamps.
• Send a written defect notice to the landlord and request confirmation.
• Collect maintenance records, notices and witness statements.
• Record witness contact details and short statements.
• Organize all receipts, photos and messages systematically.

FAQ

Can I reduce my rent if the elevator is out of service?

Yes, under certain conditions a rent reduction may be possible if the usability of the apartment is impaired; the amount depends on the severity of the defect.^[1]

What deadlines apply if I want to go to court?

If no agreement is reached, a claim can be filed at the competent local court; procedural deadlines are governed by the Code of Civil Procedure and the specifics of the case.^[2]

Which court handles housing disputes?

Usually the local Amtsgericht handles tenancy disputes; appeals go to the Landgericht and possibly later to the Federal Court of Justice.

How-To

1. Photo: Document the error message and the elevator surroundings with photos and videos.
2. Log: Note dates, times and duration of the outage in a damage log.
3. Defect notice: Send a written defect notice to the landlord and request acknowledgment.
4. Evidence: Collect maintenance records, posted notices and witness statements.
5. Assess rent reduction: Determine whether a rent reduction is justified and document the reasons.
6. Legal steps: Prepare your documents for filing a claim at the local court if necessary.^[2]

Help and Support / Resources

• Justice Portal: Information on courts and jurisdictions
• Legal text: BGB §§ 535–536 Lease and defect rights
• Federal Court of Justice – Selected decisions on tenancy law

1. [1] Law: BGB §535 – Landlord duties
2. [2] Law: Code of Civil Procedure (ZPO) – Procedural rules
3. [3] Federal Court of Justice – Collections of decisions