Tenant Checklist: Mold Removal in Germany

Mold in an apartment is a common problem for tenants in Germany and often causes uncertainty about rights and duties. This guide explains in plain language what tenants should do immediately, how to document damage and what obligations landlords have under the law. You will learn which deadlines to observe, how a handover protocol or defect notice works and when it makes sense to consider legal action at the local court. Concrete steps, guidance on forms and verified sources help you enforce claims and protect health.

What to do about mold?

First check the extent: small black spots on the seal or large, damp mold infestation? Take photos and note the date and location in the room. Documentation is the most important basis for later claims and should be as complete as possible.^[1]

Immediate short-term measures

• Take photos with timestamps and save them.
• Send a written defect notice to the landlord (Mängelanzeige).
• If there is a health risk, ventilate rooms and temporarily dry affected areas.

Rights and duties under the BGB

The landlord is generally obliged to maintain the apartment in contractual condition; this is regulated by the BGB (Sections 535 et seq.). In case of defects, the tenant can demand rectification, reduce the rent or, in some cases, claim damages. Set deadlines in your defect notice so you remain able to act if the landlord is inactive.^[2]

Handover protocol and burden of proof

A handover protocol at move-in or move-out protects against disputes about pre-existing damage. Note any visible mold findings and have the protocol signed by both parties. If a finding is missing from the protocol, it becomes harder later to prove who caused the damage.

If the landlord does not react

Set a reasonable deadline for mold removal (e.g., 14 days) and state that you will consider further steps (rent reduction, remedial work at the landlord’s cost, lawsuit) if the deadline passes. If there is an immediate health risk, inform the health authority or your doctor.

Rent reduction and legal steps

The amount of rent reduction depends on the extent of the restriction of use; BGH rulings can serve as orientation. In severe cases, a rent reduction may be possible retroactively. The local district court (Amtsgericht) is responsible for legal proceedings; a lawsuit is filed there if out-of-court solutions fail.^[3]

FAQ

Who pays for mold removal?

Generally the landlord, if the mold was not caused by the tenant. If tenant misconduct can be proven (e.g., persistent failure to ventilate), the tenant may be partially responsible.

How do I document mold correctly?

Take time-stamped photos, note location and date, send a written defect notice to the landlord and keep copies.

What deadlines apply for the landlord's response?

Set a reasonable deadline (often 10–14 days). In cases of danger to life or health, faster action and involving the health authority may be necessary.

How-To

1. Document: take photos, note date and a short description of the infestation.
2. Send defect notice: send a written defect notice to the landlord and state a deadline for remediation.
3. Hire a specialist: if necessary, have a specialist inspect and secure estimates.
4. Legal steps: if there is no response, consider rent reduction or filing a claim at the local court.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) § 535 Mietvertrag
• [2] Justice Portal: information and forms for civil proceedings
• [3] Federal Court of Justice (BGH): decisions in tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 Mietvertrag
2. [2] Justizportal: Informationen und Formulare zu Zivilverfahren
3. [3] Bundesgerichtshof (BGH): Entscheidungen im Mietrecht