Tenant Checklist & Defect Notice in Germany
Many tenants in Germany face the question of how to correctly report defects in an apartment or house and present them with secure evidence in disputes. This practical guide explains step by step which rights you have as a tenant, which deadlines are important, how to draft an effective written defect notice and which types of evidence courts accept. It includes a checklist before signing, advice on rent reduction and concrete examples of how to document documents, photos and witnesses. We name the competent courts, relevant statutory provisions and official forms so that you can assert your claims in a factual and manageable way without prior legal knowledge.
Defect Notice: What Tenants Need to Know
The landlord is legally obliged to maintain the property; relevant regulations can be found in the tenancy provisions of the BGB, for example §535 and the consequences in §536.[1] A defect notice should always be in writing, include the date, an exact description and a deadline for remedy. Note whether the defect limits the usability of the apartment, as this is the prerequisite for rent reduction or damages.
Practical Checklist Before the Defect Notice
- Deadline (deadline): Inform the landlord of defects without delay, preferably in writing, and set a reasonable deadline for remedy.
- Evidence (evidence): Secure dated photos, detailed descriptions, witness notes and protocol copies.
- Repair (repair): Check for minor repairs; in case of significant damage, demand remediation.
- Form (notice): Send a written defect notice with address, description and deadline and document receipt.
- Contact (help): Inform landlord, property manager and tenant association if necessary and log contact attempts.
Forms, Templates and Wording
There is no single official state form for every defect notice, but to be court-proof use clear, dated written form. For termination letters and lawsuits tenants use justice forms and templates for court procedures. In eviction suits or claims for outstanding payments the Code of Civil Procedure regulates the procedure and form requirements.[2] A simple example: "I hereby set a deadline of 14 days for remedying the water damage in the kitchen. If remedy is not carried out, I reserve the right to reduce the rent and take further legal action." Do not forget signature and date.
How to Secure Evidence for Defects
Organised evidence is often decisive. Create a folder or digital file with all relevant documents: dated photos, emails, letters, repair invoices and witness contacts. If necessary, obtain an expert report confirming the defect.
Frequently Asked Questions
- Can I reduce the rent as a tenant?
- Yes, if living quality is significantly impaired by a defect, you can reduce the rent accordingly. The amount depends on the extent of impairment; document the defect and set a deadline for remedy.
- How do I formulate an effective defect notice?
- Short, factual description of the defect, time of occurrence, deadline for remedy (e.g. 14 days), threat of rent reduction or other measures and request for acknowledgement of receipt.
- When must I go to the local court?
- If out-of-court solutions fail, the local court (Amtsgericht) is competent for most rental disputes such as rent reduction, protection against termination or eviction suits in first instance.[3]
How-To
- Document: Take photos, note dates, name witnesses and collect all receipts.
- Written defect notice: Include defect description, deadline (e.g. 14 days), date and signature.
- Wait for the deadline: If the landlord does not react in time, prepare next steps.
- Further measures: Initiate rent reduction or demand repair at landlord's expense if legally permitted.
- Court action: If necessary, file a lawsuit at the competent local court and attach evidence.
Key Takeaways
- Written, dated defect notices form the basis for success in disputes.
- Setting and observing deadlines protects your rights.
- Good evidence collection often decides the outcome.
Help and Support
- §535 BGB - Bürgerliches Gesetzbuch
- Zivilprozessordnung (ZPO) - Full text
- Justice portal - information on local courts
