Smoke Alarm Duty 2025: Tenants in Germany

Many tenants in Germany wonder how to comply correctly with the smoke alarm duty in 2025, especially families with children or elderly relatives. This guide explains in clear steps which deadlines apply, who must install alarms and which official forms and proofs are useful. You will learn how to report defects, which duties appear in the lease and what rights you have under the BGB. Practical checklists, notes on cost allocation and a sample letter for landlords help you act safely and legally. At the end you will find links to the responsible authorities and forms from official bodies in Germany.

What tenants need to know

The obligation for functioning smoke alarms affects tenants and landlords. Under the BGB landlords are required to maintain the property.^[1] Deadlines for reporting defects and protecting the dwelling apply; in disputes the local court decides.^[4]

• Check the deadline for retrofitting or reporting according to your state regulation.
• Clarify whether the landlord will perform the installation or whether you are responsible.
• Agree in writing who will bear the costs and by when.
• Send a written defect notification to the landlord and set a deadline.
• Document photos, dates and witnesses for every defect.

Deadlines and proof

Deadlines for retrofitting and reporting depend on the federal state; record dates in writing and note who acted when.^[1]

FAQ

Do I have to install smoke alarms as a tenant?

In many cases the landlord installs the devices, but maintenance obligations can be contractually assigned. Check your state building code and the lease.

Who pays for the smoke alarms?

Often the landlord bears the purchase cost; batteries or regular replacement can be assigned to the tenant in the lease. Clarify this in writing.

What if the landlord does not respond?

Set a written deadline, document everything and, if necessary, consider legal action at the local court.^[2]

How-To

1. Check which rule applies in your federal state for smoke alarms and which deadlines are relevant.
2. Write a formal defect notification to the landlord with a deadline and request installation or repair.
3. Document the defect, photos and all communications.
4. Set a clear, reasonable deadline for remedy and inform about further steps.
5. If there is no response, prepare documents for a procedure at the local court.^[2]

Key Takeaways

• Check deadlines and state rules immediately.
• Always report defects in writing and set deadlines.
• Collect photos and evidence systematically.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Justizportal / Amtsgerichte — justiz.de