Proving Immediate Danger: Tenant Rights in Germany

As a tenant in Germany you may need to act quickly when situations qualify as "immediate danger" — for example a burst pipe, heating failure in winter, or acute fire risk. This guide explains which evidence to collect, how to check landlord access and privacy, and which deadlines and authorities matter. You get practical documentation steps, guidance on official forms and how to prepare for a possible claim at the local court. Language is kept simple so you can make decisions without legal expertise. At the end you will find a how-to with concrete actions and links to official sources in Germany. Use the checklist, document promptly and contact legal advice if unsure.

What is "immediate danger"?

When acute danger threatens, action is often allowed without prior judicial approval. In tenancy law this covers situations such as burst pipes, heating outages in winter, or acute fire or water damage. The legal basis relates to tenant protections under the German Civil Code and the landlord's general duties.^[1]

What evidence should you collect?

• Photos and videos with date and time stamps.
• Witness names and short written statements with contact details.
• Receipts for emergency measures (invoices, receipts).
• Written defect notice to the landlord, preferably by registered mail or email.

Defect notice: content and example

A defect notice should include the date, exact description of the damage, effects on apartment use and a reasonable deadline for repair. Example: "By DD.MM.YYYY the heating must work, otherwise further steps will follow." Keep a copy.

If the landlord does not respond: deadlines and court

Set a clear deadline (e.g., 2–7 days for urgent cases) and document delivery. If the landlord does not respond, under certain conditions you may act yourself or claim damages and sue at the local court.^[2] Court proceedings follow the rules of the Code of Civil Procedure.^[3]

FAQ

When is there "immediate danger"?

When significant harm to people or property would occur without immediate action; examples include burst pipes or heating failure in winter.

Can I arrange repairs myself and reclaim costs?

Yes, if the landlord fails to act after a deadline; keep invoices and receipts to claim reimbursement.

Who to contact in an emergency outside business hours?

First try the landlord's emergency service or hotline; document all contacts.

How-To

1. Photograph the damage and secure timestamps.
2. Send a written defect notice (registered mail or email) with a deadline.
3. Wait the deadline and continue to document contact attempts.
4. If the landlord does not respond, prepare a claim and file it at the local court.

Help and Support / Resources

• [1] German Civil Code (BGB) § 535 – Landlord duties
• [2] Code of Civil Procedure (ZPO) – procedural rules
• [3] Federal Court of Justice – tenancy law decisions

1. [1] German Civil Code (BGB) § 535
2. [2] Information on the local court (Amtsgericht)
3. [3] Code of Civil Procedure (ZPO)