Report Gas Smell: Tenant Rights in Germany

Safety & Emergency Protections 3 min read · published September 07, 2025
A gas smell in an older building is an immediate danger and a source of uncertainty for many tenants. This guide explains step by step how tenants in Germany should act safely, whom to contact first and how to assert rights under tenancy law. You will learn when to call the fire department or gas emergency service immediately, how to write a proper defect notice to the landlord and which deadlines for reports and possible rent reductions are important. The guidance is aimed at tenants without legal knowledge and shows practical wording, documentation steps and the responsible authorities so you can react quickly and securely.

What to do if you smell gas in an older building?

If you notice a gas smell: stay calm but act quickly. Leave the building immediately, bring everyone outside and move to a safe distance. Do not ignite any flames, do not use electrical switches or phones inside the building because sparks can be dangerous. Call emergency number 112 or the regional gas emergency service.

If there is a strong smell of gas, leave the building immediately and call emergency number 112.

Once you are safe, inform the landlord or property manager by phone and ask them to take immediate action. Also request the gas supplier to check the pipes. Document time, behavior, names of contacts and, if possible, take photos outside the danger zone.

Keep photos, times and names as proof.

Rights and obligations: landlord, tenant, rent reduction

The landlord is obliged to hand over and maintain the rental property in an appropriate condition. If a gas smell impairs the usability, tenancy law may grant rights such as the obligation to remedy the defect and possibly a rent reduction under the rules of the BGB.[1] Report the defect in writing (defect notice) with date, precise description and a deadline for remedy.

A written defect notice helps later to prove your rights.

Formulate the defect notice clearly: facts, date, requested deadline (e.g. "Please remedy the defect within 48 hours") and how you wish to be contacted. Mention concrete consequences if no remedy occurs (e.g. report to authorities or a written warning of rent reduction). Send the letter by email and additionally by registered mail if a quick response is crucial.

FAQ

Who pays if damage occurs because of a gas smell?
Generally the landlord is obliged to restore the contractual condition. If damage occurs due to omitted maintenance or dangerous pipes, the landlord may be liable.
Can I reduce the rent if the gas smell is not remedied?
If the use of the flat is significantly impaired, a rent reduction may be possible. Inform the landlord in writing and document the condition carefully before reducing the rent.
Which court should I contact in disputes about defects?
Tenancy disputes are usually first heard by the competent local court (Amtsgericht); rules of civil procedure apply when filing a claim.[2]

How-To

  1. Act immediately: leave the building and call 112 or the gas emergency service.
  2. Inform the landlord: call immediately and then send a written defect notice.
  3. Document: note time, intensity of smell, take photos and record names.
  4. Have the supplier check: ask the gas network operator or an installer to inspect and shut off if necessary.
  5. Check legal options: if there is no remedy, set a deadline in writing and consider legal steps.
Thorough documentation improves your chances of enforcing rights successfully.

Help and Support / Resources

  1. [1] §535 BGB – Gesetze im Internet
  2. [2] §253 ZPO – Gesetze im Internet
  3. [3] Federal Court of Justice – Official website

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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