Tenant Checklist: Prove Health Hazard in Germany

As a tenant in Germany you need clear evidence when a health hazard exists in the apartment and you want to assert rights such as rent reduction or a tenant termination due to unbearable conditions. Especially with index rent it matters that proofs are submitted on time and are traceable so landlords, authorities or courts can assess the situation. This article explains step by step which documents are useful, how to correctly record defects and damages, which official forms to use and how to meet deadlines. You will also learn when to involve the local court and which sections of the BGB are relevant.^[1]

What counts as a health hazard?

A health hazard exists if mold, significant moisture, toxic substances or a failed heating system make the apartment unusable. The concrete impairment of health or living quality is decisive; here tenancy law of the BGB and the landlord's maintenance obligations apply.^[1]

Which evidence to collect?

• Take photos and videos (photo, evidence) with date and time stamps, preferably several shots over days.
• Secure medical certificates or lab reports as documents (document, record) if health complaints exist.
• Record correspondence with the landlord and keep emails, texts and handover protocols as proof.

Deadlines and forms

Inform the landlord immediately in writing about defects, set a reasonable deadline for remediation and request repair. With index rent it is important to submit proofs on time; use termination and defect notice templates from the Federal Ministry of Justice when you intend to terminate or formally complain.^[3]

• Set clear deadlines (deadline for remedy) and note dates and the landlord's responses.
• Send termination letters or defect notices by registered mail or other verifiable delivery.

Court steps and jurisdiction

If no agreement is possible, clarify jurisdiction: tenancy disputes are heard in the first instance at the local court (Amtsgericht); appeals go to regional courts and the Federal Court of Justice. Keep all evidence so the court can examine the facts.^[2][4]

• Local court: filing actions such as eviction or claims for defect remediation.
• Observe the civil procedure requirements of the ZPO when submitting documents.

FAQ

How do I document mold correctly?

Take time-stamped photos, note ventilation habits and have a specialist inspect the findings if necessary.

Can I terminate immediately for health hazards?

In cases of serious health risks an immediate termination may be possible if the landlord does not remedy the situation promptly; legal advice is recommended.

When should I involve the local court?

If landlords do not respond or eviction/legal action becomes necessary, the local court is the correct first instance.

How-To

1. Photograph and record: take detailed, dated images of all affected areas.
2. Notify in writing: send a formal defect notice to the landlord and set a deadline.
3. Obtain expert input: obtain medical certificates or expert reports if health consequences exist.
4. Consider legal action: file at the local court if necessary or seek legal advice.

Help and Support / Resources

• Gesetze im Internet – BGB
• Federal Court of Justice – Decisions
• Federal Ministry of Justice and Consumer Protection

1. [1] BGB §§535–580a at Gesetze im Internet
2. [2] Jurisdiction of local courts – Justice portal
3. [3] Termination templates and guidance at the Federal Ministry of Justice
4. [4] Case law of the Federal Court of Justice