Smoke Alarm Duty for Tenants in Germany

As a tenant in Germany, you should not only observe the smoke alarm duty but also document it in writing. Clear documentation protects against liability issues, facilitates communication with the landlord and serves as evidence during handovers or in court disputes. This guide explains in plain steps which proofs make sense, which official forms you can use and which deadlines to observe. You will learn how to properly record photos and serial numbers, formally report defects and keep receipts. At the end you will find a printable checklist, notes on responsible authorities and links to relevant legal texts in Germany so that you as a tenant meet your duties while protecting your rights.

Why document?

Documentation helps present evidence to the landlord, at handovers and in disputes. Important rules are set out in the Civil Code (BGB) on landlord and tenant duties, such as maintenance and defect notifications^[1]. Exact dates, photos with timestamps and device serial numbers reduce uncertainty and simplify action when a defect is present.

Checklist: complying with the smoke alarm duty

• Check whether a smoke alarm is present and take a photo (photo) showing the serial number and location.
• Record serial number, manufacturer and installation date (record) and save digitally.
• Perform a function test and note the date (safety), e.g. battery test or test button.
• Send a written notification to the landlord, ideally using a template (form) and request confirmation of receipt.
• Observe deadlines: set reasonable deadlines (deadline) for defect rectification and document the deadline.
• For persistent defects, submit a formal defect notice with a deadline and, if necessary, threat of rent reduction (form).

Forms and templates

Use official templates if possible from the Federal Ministry of Justice or state websites. Typical documents are standard defect notice templates with deadline specification and a receipt confirmation sheet for communications to the landlord. Examples include "Termination letter template of the BMJ" or templates for defect notifications that formally include deadline setting and evidence facts^[2]. In disputes over evidence, courts, especially the Federal Court of Justice as the highest instance, may refer to relevant decisions for guidance^[3].

How-To

1. Check and photograph: Immediately check smoke alarms on moving in and photograph the device, serial number and mounting location.
2. Document and set deadlines: Record the date of each check and set a clear deadline if a device is missing or defective.
3. Send a written defect notice: Send a written defect notice to the landlord by registered mail or e‑mail with confirmation of receipt.
4. Collect repair receipts: Request professional installation or repair and keep tradesmen receipts and appointment records as evidence.
5. Consider legal options: If the landlord does not respond, prepare your documents for legal review and, if necessary, pursue legal action before the local court.

FAQ

Who is responsible for installing smoke alarms?

Responsibility can vary by federal state and rental agreement; often the landlord is responsible for installation, while maintenance can be assigned to tenants.

What evidence does a tenant need?

Useful items are photos with serial numbers, dates of checks, written defect notifications and confirmations of carried-out repairs.

What if the landlord does not respond?

You can set deadlines in writing, consider rent reduction and ultimately contact the local court; keep all evidence carefully.

Help and support

• [1] Civil Code (BGB) §535 ff.
• [2] Federal Ministry of Justice and Consumer Protection
• [3] Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: BGB §535–§538
2. [2] Bundesministerium der Justiz und für Verbraucherschutz
3. [3] Bundesgerichtshof