Rent Reduction & Defect Notice in Germany

Tenants in Germany often face the question of how to react quickly to serious apartment defects. This text explains in plain language how to write a defect notice correctly, which documents help, and when a rent reduction or emergency proceeding is appropriate. We cover deadlines, documentation, the role of the local court in rapid decisions, and common pitfalls to avoid. The goal is to make you as a tenant able to act, know your rights and respond promptly to acute health or usability impairments.

Legal basis and competent authorities

The most important provision on rent reduction is found in the Civil Code (BGB) on defect liability and the right to reduction.^[1] For emergency proceedings and interim measures, the Code of Civil Procedure (ZPO) is relevant; applications for quick decisions are often filed at the Amtsgericht (local court).^[2] In fundamental questions, courts up to the Federal Court of Justice (BGH) decide, whose case law often sets standards.^[3]

Practical steps: defect notice and rent reduction

Before an emergency proceeding, you should act systematically: document the defect, inform the landlord in writing and set a reasonable deadline for remediation. If the impairment is significant and no remedy is provided, a rent reduction can be demanded or an emergency application can be filed at court.

• Written defect notice (form): Describe date, location, type of defect and demand remedy.
• Photos and logs (Evidence): Collect evidence; record the date and time of the records.
• Set deadlines (Deadline): Ask the landlord to act within an appropriate period.
• If necessary, emergency application at the local court (court): For health hazards or unreasonable loss of use, an emergency procedure may be needed.

Wording of the defect notice

A clear defect notice contains: date, concrete description, effects on usability and a deadline for remediation. Name possible deadlines (e.g. 14 days) and announce that you may reduce the rent or initiate legal steps.

• Concrete description (Form): Name rooms, measurements (e.g. mold infestation) and consequences for use.
• Deadline specification (Deadline): Give a concrete date or a period in days.
• Documentation (Evidence): Attach copies of photos, emails and witness statements.

What happens in the emergency proceeding?

In the emergency proceeding, the court decides quickly on provisional measures, for example a preliminary rent reduction or an order to remedy the defect. The court examines whether the requirements for a provisional regulation are met, such as acute health hazards or significant restrictions on living use.

A successful emergency proceeding requires a clear evidentiary record: well-structured defect notices, witnesses, photos and, if available, expert reports. If the requirements are met, the court can issue preliminary orders until the main proceedings are decided.

FAQ

When may I reduce the rent?

You may reduce the rent if the apartment has a defect that significantly impairs usability; the amount depends on the extent of the impairment.

Do I have to give the landlord a deadline for remediation first?

As a rule, you should set a deadline for the landlord; in cases of acute danger, filing an emergency application at court may be appropriate immediately.

Can I go into an emergency proceeding without a lawyer?

In principle yes, but legal assistance increases the chances of success, especially in complex legal questions.

How-To

1. Write a formal defect notice with date and deadline.
2. Collect evidence: photos, witnesses, measurements.
3. Set an appropriate deadline (e.g. 14 days) for remediation.
4. If there is no response and urgent measures are necessary, file an emergency application at the competent local court.
5. Legitimize your claim with organized documents and, if applicable, medical certificates or expert reports.

Key Takeaways

• Documentation is decisive: photograph and date everything.
• Observe deadlines or you may risk legal disadvantages.
• Seek legal advice or court help in complex cases.

Help and Support / Resources

• Local court (Amtsgericht) (court) - competent authority for tenancy disputes
• BGB §§ 535–580a - Gesetze im Internet
• Federal Court of Justice (BGH) - leading tenancy law decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Entscheidungen des Bundesgerichtshofs (BGH) — bundesgerichtshof.de