Rent Reduction for Defects – For Tenants in Germany

As a tenant in Germany, an effective defect notice can be decisive when heating, water, or mold reduce your living quality. This guide explains step by step how to report defects legally, document damage, set deadlines and when you may reduce rent. I describe sample wording, practical evidence collection with photos and witnesses, and how an emergency proceeding at the local court works when quick help is needed. The goal is that you can use your rights as a tenant in plain language without legal jargon. At the end you will find a FAQ, a clear action guide and official federal forms to help enforce claims.

What is an effective defect notice?

An effective defect notice clearly states the defect, describes location and time, includes photos or other evidence and requests the landlord to remedy within a reasonable deadline. The landlord's obligation to maintain arises from the Civil Code (BGB) and is the basis for rent reduction and other rights.^[1]

Step-by-step: Report defects and reduce rent

1. Document the defect immediately with date: photos, videos, witnesses and measurements (e.g. temperature or humidity).
2. Send a formal defect notice to the landlord by e‑mail and additionally by registered mail or handover with receipt confirmation.
3. Set a reasonable deadline for remediation (e.g. 14 days) and specify a concrete date for repair.
4. If the defect significantly restricts usability, announce and calculate a proportional rent reduction and withhold it until the defect is remedied.
5. If faster help is needed or the landlord does not respond, prepare documents for a possible emergency proceeding at the local court.

Emergency proceedings, deadlines and court action

In an emergency proceeding, the local court can order provisional measures if immediate protection is required; procedural rules of the Code of Civil Procedure (ZPO) apply. Prepare a precise file (defect notice, photos, witness statements, cost overview) and state clearly which provisional decision you request in the complaint.^[2]

Important case law of the Federal Court of Justice helps assess chances of success, but precise documentation remains decisive.^[3]

Practical example: Text for a defect notice

Sample text (shortened): "Dear Mr./Ms. X, since [date] the following defect exists in the apartment [address, room]: [brief description]. I request you to remedy the defect by [date, deadline]. Until remediation, I reserve the right to reduce the rent appropriately. Sincerely, [Name]".

FAQ

When can I reduce the rent?

You may reduce the rent when living quality or usability is significantly impaired; reduce proportionally and after notifying the landlord about the defect.

How do I write an effective defect notice?

Specify location, exact description, start of defect, deadline for remediation and attach photos or measurement data.

What is an emergency proceeding at the local court?

An emergency proceeding allows provisional court decisions in urgent cases; it follows ZPO rules and requires complete evidence.

How-To

1. Step 1: Document the defect thoroughly with date and evidence.
2. Step 2: Send a written defect notice and set a clear deadline.
3. Step 3: Wait for the deadline; document any response or omission by the landlord.
4. Step 4: Inform the landlord that you will reduce the rent proportionally and state the calculation basis.
5. Step 5: If necessary, submit complete documents for an emergency proceeding to the competent local court.

Key Takeaways

• Documentation with date and photos is the most important basis for success.
• A written defect notice with a deadline creates legal clarity.
• In urgent cases, an emergency proceeding at the local court can provide quick relief.

Help and Support / Resources

• BGB – Civil Code (rental law) on gesetze-im-internet.de
• ZPO – Code of Civil Procedure on gesetze-im-internet.de
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof (BGH)
4. [4] Justizportal – Information on courts and forms