Proving Rent Reduction for Elevator Failure in Germany
As a tenant in Germany, you may wonder how a persistent elevator failure affects your living quality and your rent. A legally sound rent reduction requires that you prove the defect, its duration and the impairment. In this text we explain step by step which documents help — from photos and witnesses to written notifications to the landlord — and which deadlines and legal basics must be observed. We cite the relevant sections of the BGB[1], show how to send formal letters and which local courts handle tenancy disputes. The goal is that tenants can enforce their rights in Germany calmly and successfully.
What you should prove
Good evidence increases the chance of enforcing a rent reduction. Focus on clear, dated proof and communication with the landlord.
- Photos and videos of the malfunction (photo).
- Document the dates and times (time) of outages.
- Record witness statements with names and contact details.
- Send a written defect notice to the landlord and prove receipt.
- Keep receipts for extra costs, e.g. taxi invoices.
Detailed documentation increases your chances of success in disputes.
How to calculate the rent reduction
Under § 536 BGB the rent is reduced for significant defects; the amount depends on the degree of impairment. Court proceedings follow the rules of the ZPO[2], and key benchmarks can be found in Federal Court of Justice case law[3]. A common approach is time-weighted calculation: reduction rate × number of affected days ÷ days in the billing period.
Respond promptly to letters to preserve your rights.
Practical steps
- Write a formal defect notice to the landlord with the date.
- Document outages with photos, videos and witnesses.
- Calculate the rent reduction and record the calculation.
- Set a reasonable deadline for repair and announce the start of reduction if needed.
- If necessary, file a claim at the competent local court.
Send defect notices by registered mail or documented email delivery.
FAQ
- How much rent reduction am I entitled to?
- The amount depends on the extent of the impairment; a completely failed elevator usually leads to a significant reduction, while temporary outages lead to proportionally smaller reductions.
- Do I have to pay full rent while the elevator is out of service?
- In principle, rent is due, but you can claim a partial reduction for defects; inform the landlord and document the period.
- How do I file a claim?
- File a written claim at the competent local court; use the courts claim form or online services and attach all evidence.
How-To
- Draft and send a formal defect notice to the landlord.
- Collect evidence: photos, videos, witness statements and invoices.
- Calculate the reduction amount and document it.
- Set a deadline for repair and keep records.
- Seek legal advice or mediation if unsure.
- If necessary, file a claim at the competent local court.
