Report Defects: Tenant Rights in Germany

Many tenants in Germany face the problem that their apartment has defects and the landlord does not respond. This guide explains step by step how to report defects legally, set deadlines, collect evidence and when rent reduction or legal action is sensible. It is aimed at tenants without legal knowledge and names relevant laws, authorities and sample forms so that you are prepared for proceedings before the local court^[1]. Keep emails, photos and witness notes; they are often decisive later. This page also explains which deadlines apply and how the payment order or an eviction suit under the ZPO proceeds.^[2] At the end you will find FAQs, a step-by-step guide and official links.

Report defects: What you should do

If you discover a defect (e.g. heating failure, mold, burst pipe), document date, time and extent. Photographs and short written notes help. Then send a written defect notice to the landlord by registered mail or e-mail with proof of receipt. In the notice you describe the defect precisely, set a deadline for remediation and state which legal consequences you will consider if not remedied (e.g. rent reduction, self-remedy).

Typical contents of a defect notice

• Description of the defect with location and date.
• Concrete deadline for remediation (e.g. 14 days).
• Request for confirmation of receipt and information about repair appointments.
• Note on evidence preservation (photos, witnesses, measurement reports).

Rights, deadlines and legal basis

The landlord is obliged to maintain the rented property in a contractually agreed condition; his duties arise from the BGB (§535 et seq.).^[1] If the landlord does not respond, you can assert rent reduction or arrange remediation yourself after a deadline and claim costs back. In serious cases, a lawsuit before the local court is possible; procedural rules are found in the ZPO.^[2]

Examples of forms and applications:

• Termination letter (sample from BMJ) – Used when a tenant or landlord wishes to terminate the tenancy; check deadlines and reasons before sending.
• Application for issuance of a payment order (Justizportal) – Useful for outstanding payments; this can lead to enforcement proceedings.
• Filing a written claim at the competent local court – If no satisfactory solution is found, you can file a lawsuit; jurisdiction depends on the defendant's residence.^[3]

Collect and secure evidence

Secure dated photos, save emails as PDFs and keep a short protocol of phone calls or conversations. For technical defects, measurement reports from specialists are particularly helpful. If possible, obtain written statements or cost estimates. For witnesses: names, contact details and a short statement are important.

FAQ

When can I reduce the rent?

When the usability of the apartment is impaired (e.g. heating failure in winter, significant mold). The amount depends on the extent of the impairment; seek legal advice if in doubt.

How do I write an effective defect notice?

Describe the defect specifically, set a clear deadline for remediation and request confirmation of receipt. Keep evidence.

What happens if the landlord does not respond?

You can consider rent reduction, initiate remedies yourself (after expiry of the deadline) or file a claim at the local court; the payment order can help in payment disputes.

How-To

1. Document the defect with photos, date and witnesses.
2. Send a written defect notice with a deadline by registered mail or email with read receipt.
3. Wait the set deadline; then consider rent reduction or self-remedy.
4. If no solution: file a claim at the competent local court or use the payment order.

Help and Support / Resources

• BGB §535 – Duties of the landlord
• ZPO – Code of Civil Procedure
• Federal Court of Justice (BGH) – Case law

1. [1] Bürgerliches Gesetzbuch (BGB), §535
2. [2] Zivilprozessordnung (ZPO) – Full text
3. [3] Information on local courts – Justice portal of the federal and state governments