Report Fire Safety Issues: Tenants' Rights in Germany

As a tenant in Germany, a fire-safety defect in the basement can seriously endanger your family's safety and cause damage to your apartment and property. Many tenants are unsure how to report such defects correctly, which deadlines apply and which evidence is important. This guide explains step by step how to recognize hazards, take photos and logs, notify the landlord in writing and when to involve the building authority or local court. It also lists relevant sections of the Civil Code^[1], useful official forms and practical templates so families in Germany can enforce their rights and obtain protective measures quickly. In case of acute fire risk: call the fire brigade immediately and get to safety.

What to do if you discover fire-safety defects in the basement

Act quickly but calmly: the priority is protecting people. If you see smoke, exposed cables or blocked escape routes, document everything and notify the appropriate authorities immediately.

• Take photos (photo) of damage, note the date and time and prepare a short log.
• Send a written defect notification to the landlord (notice) — preferably by registered mail with proof of receipt.
• If there is immediate danger, call the fire brigade and warn neighbors (call).
• Inform the building supervisory authority if fire-safety regulations appear to be violated (safety).

Rights and obligations under the Civil Code

Landlords must keep the rented property in a condition fit for the agreed use; relevant rules are in the Civil Code (BGB)^[1]. If the landlord does not act, tenants may consider steps under civil procedure law, such as filing a suit at the local court^[2], and jurisprudence of the Federal Court of Justice may apply^[3].

• Claim a rent reduction (rent) if the use of the apartment is impaired by fire-safety defects.
• Set a deadline and prove the defect notification in writing (notice), requesting remediation.
• Initiate legal action at the local court if the landlord does not respond (court).
• Respond within legal deadlines, otherwise claims may be at risk (time).

Official forms and templates

The following official forms may be relevant. You can obtain forms at the competent local court or via your federal state’s justice portal.

• Civil claim form for lawsuits at the local court — use the form of the competent court for eviction or performance claims.
• Application for interim relief (injunction) for rapid hazard abatement; forms are available at the competent court.

Practical example: Send a written defect notice by registered mail (attach photos, note the date) and grant the landlord 14 days to remedy the defect. If there is no response, prepare a lawsuit or apply for interim relief.

FAQ

Can I forbid the use of the basement as a tenant due to fire-safety defects?

An immediate prohibition of use is only possible in cases of acute danger; usually inform the landlord first and involve the building authority if necessary. A rent reduction may be possible.

How do I report fire-safety defects formally?

In writing and verifiably: attach photos, describe the defect, set a deadline and send by registered mail or email with read receipt.

When should I involve the local court?

If the landlord does not act despite a deadline, filing a lawsuit at the local court may be appropriate; for urgent hazard prevention, apply for interim relief.

How-To

1. Act immediately: call the fire brigade and move people to safety (call).
2. Document: take photos (photo), note date and time and create a short log.
3. Inform the landlord: send a written defect notification, set a deadline and prove receipt (notice).
4. Set deadlines: specify a clear deadline (e.g. 14 days) and announce legal steps.
5. Legal steps: if there is no response, consider filing suit at the local court or applying for interim relief (court).
6. Follow up: document responses, appointments and repairs and keep records.

Help and Support / Resources

• Laws online: Civil Code (BGB)
• Laws online: Code of Civil Procedure (ZPO)
• Justice portal: forms and local courts

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1. [1] Laws online: Civil Code (BGB)
2. [2] Laws online: Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH)