Tenant Checklist: Proving Health Hazard, Germany
When you as a tenant in Germany encounter a health hazard during your commute or at home, quick and structured action is crucial. This guide is aimed especially at commuters and tenants who need to prove symptoms, contaminants or hygiene issues. You will learn which evidence is important, how to act in writing within deadlines, and which official rules and courts are relevant. The steps are explained in practical terms, with templates, deadlines and tips for dealing with landlord communication as well as possible rent reduction or filing suit at the local court. Read the checklist, gather evidence and use the guidance to effectively protect your rights in Germany.
What to do when a health hazard occurs?
Start with secure documentation and timely notification of the landlord. Act calmly, note times and symptoms and, as far as possible, prevent further exposure.
- Take photos (photo) of the hazard source and record date/time.
- Send a written defect notice to the landlord and set a clear deadline.
- Observe deadlines: respond within the set timeframe or set a reasonable follow-up deadline.
- Document witnesses, building management and employer contacts.
Rights, deadlines and official rules
As a tenant you can assert landlord obligations under the provisions of the BGB, in particular §§ 535–580a[1], and proceed procedurally according to the ZPO. If the landlord does not respond, rent reduction, remedy by third parties or a lawsuit may be considered. In disputes, the local court often decides in the first instance.[2]
- Written defect notice (sample letter): describe cause, date and desired deadline.
- Collect evidence: photos (photo), medical reports, sick notes.
- Record financial consequences such as increased travel or medical costs.
FAQ
- Who decides on rent reduction and how quickly?
- The question is usually decided by the local court; rent reduction can take effect immediately but should be well documented and is subject to formal requirements.[1]
- Do I have to inform the landlord immediately?
- Yes, inform the landlord in writing and set a reasonable deadline to remedy the defect.
- Are there relevant Federal Court (BGH) rulings?
- Yes, the BGH has published leading decisions on the scope of defect remediation and rent reduction.[3]
How-To
- Document photos (photo), date, time and possible witnesses.
- Send a written defect notice to the landlord and set a clear deadline.
- Note financial damages and collect invoices as proof.
- If no solution occurs, prepare documents for a lawsuit and file at the local court if necessary.[2]
