Mold Removal Duties for Tenants in Germany
As a tenant in Germany, it is important to record clear agreements on mold removal in the handover protocol when moving in and out. This guide explains in plain language which obligations landlords and tenants have, how to document defects, set deadlines and which official forms or courts are responsible in case of disputes. It contains practical steps for communicating with the landlord, tips for immediate measures against mold, and examples of wording in the protocol. The aim is to give you confidence so that disputes can be avoided or resolved quickly. Keep receipts and photos and react early to moisture damage; in severe cases local courts can help; refer to the applicable statutory provisions in the BGB.[1]
What rules cover the duty to remove mold?
In general, the provisions in §§ 535 et seq. of the BGB regulate the landlord's maintenance obligations. This concerns keeping the flat in a contractually agreed condition and remedying defects.
Who is liable for mold?
Responsibility depends on the cause: structural defects are often the landlord's responsibility, incorrect ventilation behavior may concern the tenant. Always check the cause before making demands.
- Landlord: Responsible for structural defects (repair) such as leaking windows, insulation faults or burst pipes.
- Tenant: Responsible for correct ventilation and heating; proven improper behavior by the tenant can result in shared liability.
- Cost allocation: If mold is caused by the landlord, they usually bear the removal costs; in cases of shared fault costs may be divided.
Documentation, deadlines and forms
Good documentation is crucial: photos, dates, measurement values and witnesses strengthen your claims. Set a clear deadline for remediation and request written confirmation.
- Document: Take photos (photo) with dates, note affected rooms and the scope of mold.
- Set deadlines: Specify a reasonable deadline (deadline) for remediation and name a concrete measure.
- Forms & letters: Use a written defect notice (form) and record the handover in the handover protocol.
Communication with the landlord
Contact the landlord in writing and politely, describe the defect precisely and attach photos. Request a deadline for remedy and, if necessary, a professional company.
- Send a defect notice by email or registered mail with photo attachments (form).
- Record all phone calls (call) with date, time and content as a supplement to written communication.
- Agree on who bears which costs in a written statement if a mutual solution is found.
If disputes arise: courts and procedures
If escalation occurs, the local court (Amtsgericht) is responsible for tenancy disputes such as rent reductions or eviction claims.[2] Before filing a lawsuit, collect all evidence and respect deadlines.
FAQ
- Who pays for mold removal: landlord or tenant?
- If mold is caused by structural defects, the landlord usually pays; proven tenant negligence can lead to shared responsibility.
- Can I reduce the rent because of mold?
- Yes, a rent reduction may be possible if the flat loses usability; the amount depends on the individual case.
- What deadlines should I set before taking legal action?
- Set a reasonable deadline for remediation (e.g. 14–30 days), document the request in writing and announce possible further steps.
How-To
- Discover mold: Photograph all affected areas and note date and room.
- Inform the landlord: Send a written defect notice with photos (form).
- Set a deadline: Request remediation within a clear timeframe (deadline).
- Hire a professional: If necessary, have an expert inspect the cause (repair).
- Clarify costs: Request cost estimates and document offers and invoices.
- Legal action: Prepare a lawsuit if the landlord does not respond and consider using the civil claim form (court).[3]
