Reporting Defects: Tenant Rights in Germany

As a tenant in Germany, a timely and court-proof documented defect notice can be decisive when heating, water or mold affect the quality of living. This guide explains in clear language how to report defects in writing, which deadlines to observe, which evidence you should collect and how to document the notice so that it holds up in court. We name relevant sections of the BGB^[1], explain when rent reduction is possible, and show concrete steps — from the first written notice to filing a lawsuit at the local court^[3]. The goal is to provide you with practical templates, precise deadlines and official contact points so that you can assert your rights as a tenant in Germany confidently.

What is a defect notice?

A defect notice is the formal notification to the landlord that a defect exists and what exactly is affected. It is usually made in writing and should clearly state date, location, type of defect and a deadline for remedy. If you want to set deadlines or enforce elimination of the defect through the courts, civil procedure rules apply.^[2]

Key steps for the defect notice

• Set a deadline: Give the landlord a reasonable deadline to remedy the defect, e.g. 14 days.
• Written notification: Describe the defect, date and affected rooms clearly in the letter.
• Secure evidence: Collect photos, videos, witnesses and a continuous defect log.
• Document repairs: Keep quotes or invoices from craftsmen.
• Check rent reduction: Calculate and announce if the defect significantly reduces usability.
• Court steps: If the landlord does not provide remedy, filing a lawsuit at the competent local court is possible.

Formulate the defect notice as factually as possible: date, short findings, desired remedy and deadline. Send the letter by a verifiable method (registered mail or personal handover protocol) and keep a copy.

Deadlines and legal bases

Legal bases for landlord and tenant obligations are found in the BGB (e.g. §§ 535 et seq.). In proceedings, the ZPO regulates procedural matters such as service and filing of claims.^[1][2] Important deadlines are the set grace period for remedy and procedural service deadlines — act within these times to avoid losing rights.

FAQ

Can I reduce the rent if the landlord does not respond?

Yes, if the usability is significantly impaired you can reduce, but you must prove the defect notice and your set deadline.

How do I formulate a court-proof defect notice?

Name the defect precisely, include date, consequences, photos and a concrete deadline as well as the request for remedy.

Where do I file a lawsuit?

Disputes about rental matters are heard in the first instance at your local district court.

How-To

1. Document the defect immediately (date, photos, witnesses) and create a protocol.
2. Write a formal defect notice with description and set a clear deadline.
3. Await the set deadline; document every further communication.
4. If no remedy occurs, assess the amount of rent reduction and announce it in writing.
5. As a final step: file a lawsuit at the competent local court and attach all evidence.

Key notes

• Act promptly: Deadlines often determine success.
• Keep the communication with the landlord factual and respectful.

Help and Support / Resources

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

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1. [1] Gesetze im Internet – BGB §535
2. [2] Gesetze im Internet – ZPO
3. [3] Justizportal – Information on courts (local court)