Proving Health Risk: Tenants in Germany
As a tenant in Germany, a health hazard in your apartment can quickly become stressful, especially for students. This guide explains clearly when a defect threatens health, which evidence counts, and how to proceed in writing, set deadlines and, if necessary, involve the local court. You will find concrete examples for defect notices, guidance on deadlines and wording, and a step-by-step guide on collecting photos, medical certificates and communication with the landlord. At the end you will find an FAQ, a practical how-to and links to official forms and courts in Germany.
What counts as a health hazard?
A health hazard exists when defects impair the physical integrity or health of residents. Typical examples are severe mold infestation, lack of heating in winter, contaminated drinking water, gas or carbon monoxide leaks and acute pest infestations. Such cases can justify claims for remediation, rent reduction or even extraordinary termination. The landlord's basic duties are governed by the German Civil Code (BGB)[1], especially regarding the maintenance of the rented property.
Collecting evidence and forms
Good evidence increases the chances of success: dated photos and videos, medical certificates, measurement records (e.g. moisture), written communication with the landlord and witness statements. Note times and contents of phone calls in a log.
- Photos and videos with date and time
- Medical certificates or public health certificates
- Written defect notices to the landlord (registered mail recommended)
- Witness statements and logs of conversations
Forms: There is no single nationwide official defect-notice form, but template texts and civil complaint forms are available from the justice administrations of the federal states. For a lawsuit the civil complaint form under the ZPO is generally used; forms and information are available at your local Amtsgericht or on the justice portals of the federal states.[2]
Deadlines and authorities
Once you discover the defect, send a written defect notice to the landlord and set a reasonable deadline for remediation. "Reasonable" depends on the damage and urgency; in acute dangers (e.g. gas leak) you should demand immediate measures and, if necessary, contact the fire department or public health office. If the landlord does not react, you may assert a rent reduction or file a lawsuit at the Amtsgericht.
Which authorities are responsible?
Civil rental disputes are usually handled by the local Amtsgericht; appeals go to the Landgericht, and fundamental questions may be decided up to the Federal Court of Justice (BGH). For public health hazards local public health offices can intervene.
How-To
- Write a formal defect notice to the landlord with date, description and a deadline for remediation.
- Collect evidence: photos, medical certificates, measurement data and witness statements.
- Set deadlines and document communication; send important letters by registered mail.
- If no resolution occurs, file a lawsuit at the Amtsgericht or ask the public health office to intervene.
FAQ
- When can I reduce the rent?
- If the living quality or health is significantly impaired by a defect, a rent reduction may be justified; inform the landlord in writing first and document the damage.
- Can I carry out repairs myself and claim costs from the landlord?
- In principle, you should give the landlord a chance to remedy the defect. In emergencies self-help may be possible, but keep all invoices and inform the landlord beforehand if possible.
- Which court should I approach in a dispute?
- Civil rental disputes are usually heard by the local Amtsgericht; for higher dispute values the Landgericht may be competent.
Help and Support / Resources
- German Civil Code (BGB) – legal text
- Code of Civil Procedure (ZPO) – procedural rules
- Federal Court of Justice (BGH) – case law
