Proving Health Hazards: Tenant Rights in Germany
Many tenants in Germany face the problem that health hazards in the apartment—such as mold, faulty heating, or contaminated water—significantly impair daily life and living quality. This article explains step by step how, as a tenant, you can properly document health hazards, which legal bases and forms are important, and how to enforce your rights vis-à-vis the landlord. In addition to practical templates, we show when a rent reduction is possible, how to meet deadlines, and when court action at the local court may be appropriate. The goal is to guide you safely and legally through the process so you can quickly restore health protection and living quality.
What to do in case of an acute health hazard?
For obvious hazards (severe mold, heating failure in winter, contaminated drinking water) act promptly: document the source, inform the landlord and, if necessary, notify authorities. The legal bases are in the Civil Code (BGB) for tenancy relationships [1] and procedural rules are in the Code of Civil Procedure (ZPO) [2].
Important immediate measures
- Take photos (photo) of affected areas and note date and time.
- Write a short damage log (record): since when, frequency, visible damage.
- Inform the landlord in writing by letter or email (notice) and set a deadline for remediation.
- For acute health hazards contact the health authority or the property management (call).
Which forms and templates are relevant?
There is no single nationwide mandatory template for defect notifications, but certain requirements apply: terminations must be in writing and personally signed (Section 568 BGB), defect notices should contain date, description of the defect and a reasonable deadline. For court actions there are pre-made claim forms at the courts; jurisdiction and procedures are governed by the ZPO [2].
Example: Sample wording for a defect notification
Use a short, factual wording: date; description of the defect; request for remedy within a reasonable deadline (e.g. 14 days); mention of possible rent reduction if the defect is not remedied. For tenant termination, observe the written form requirement ([1]).
How do I justify a rent reduction?
A rent reduction requires a significant defect that impairs the usability of the apartment. The amount depends on the extent of the impairment and varies case by case. Before reducing rent, inform the landlord and demand remediation. If unsure, legal advice or involving the local court can be helpful [2]. Important tenant-law decisions from the Federal Court of Justice (BGH) can serve as orientation [3].
Frequently Asked Questions
- Can I reduce the rent immediately?
- You should first report the defect in writing and give the landlord a reasonable deadline for remedy; after that a rent reduction can be considered.
- Do I have to go to court?
- Not always; many cases are resolved out of court. In disputes, the competent local court decides (rental matters are handled there).
- Which deadlines are important?
- Deadlines for remediation and for responding to documents should be clearly stated; in disputes the ZPO rules apply.
How-To
- Document the defect immediately with photos (photo), date and a short log (record).
- Send a written defect notice (notice) to the landlord and set a clear deadline.
- In case of acute health hazards contact the local health authority or a helpline (call).
- If no agreement, prepare documents for a possible claim and check jurisdiction at the local court (court).
- Consider legal advice if high health risks or major repairs are involved.
Help and Support
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Bundesgerichtshof (BGH) - Decisions
