Tenant Checklist: Imminent Danger Cases in Germany

As a tenant in Germany you may sometimes face urgent problems such as water damage, heating failure or dangerous defects where "imminent danger" applies. In these cases action often must be taken without delay, even if the landlord is unreachable. This guide explains clearly which evidence you should collect, how to document absence and which sample letter you can use to enforce rights. It shows when an informal letter is sufficient, when the local court may need to be involved and which sections of the BGB (§§ 535–536) are important.^[1] Step-by-step templates, practical examples and instructions on official forms help you make fast decisions with confidence.

What is "Imminent Danger"?

"Imminent danger" means that immediate action is necessary to prevent significant damage. Typical cases are major water damage, acute mold after a pipe burst or heating failure in winter. If the landlord is not reachable, the tenant can arrange necessary measures or hire third parties (tradespeople). Record all steps and keep invoices and receipts; this documentation is important later for rent reduction or claims for damages.

Collecting Evidence — Practical Checklist

• Save photos with date/time (photo, time)
• Record short videos as evidence (video)
• Document notes, measurements and repair attempts
• Collect witness statements and contact details
• Note deadlines (time, deadline) and document sending methods

Sample letter for absence and urgent measures

If you must act, send the landlord a short message by e-mail and by registered mail (or document with a photo of the note on the front door). Sample (short template): "I hereby report defect X, description of damage, date, time. As imminent danger exists and you are not reachable, I have taken [measure]. Please reimburse costs or respond by [deadline]." Such wording helps to justify your steps clearly.

When to go to court?

If the landlord does not reimburse costs or refuses to remedy defects, a lawsuit at the competent local court may be necessary. Civil procedure is governed by the ZPO.^[2] For fundamental legal questions or important precedents, decisions of the Federal Court of Justice (BGH) may be relevant.^[3]

Frequently Asked Questions

Can I immediately hire a tradesperson as a tenant?

Yes, if imminent danger exists and immediate action is necessary, you may hire a tradesperson and later claim the costs from the landlord; document everything.

How do I reliably prove my absence?

Use photos with visible date/time, record call logs and witness statements; send a sample letter by registered mail and keep receipts.

What if the landlord refuses to cover costs?

Request reimbursement in writing, set a reasonable deadline and consider filing a suit at the local court with legal advice.

How-To

1. Take photos and videos immediately and save timestamps.
2. Send a short sample letter to the landlord and document the sending method and date.
3. Collect witness contacts and note phone calls or notifications.
4. Set a clear deadline for the landlord to respond (e.g., 7 days).
5. If no solution occurs, prepare documents for the local court (invoices, photos, correspondence).

Help and Support / Resources

• BGB §§ 535–580a: Tenancy law texts (gesetze-im-internet.de)
• Civil Procedure Code (ZPO) – proceedings and claims (gesetze-im-internet.de)
• Federal Court of Justice (BGH) – decisions (bundesgerichtshof.de)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – decisions — bundesgerichtshof.de