Tenant Checklist: Remove Mold in Germany
What can tenants in Germany do?
As a tenant you have rights and duties: document the mold thoroughly, inform the landlord in writing and set reasonable deadlines so your claims are enforceable later.
Checklist: remove and document mold
- Take dated photos and note room temperature and ventilation habits.
- Send a written defect notice to the landlord (registered mail recommended) and state a response deadline.
- Set a clear deadline, e.g. 14 days to inspect or remedy, and record it in the letter.
- Keep a log of all measures and repair offers; attach estimates if possible.
- Consider rent reduction for persistent defects and document the calculation in writing.
- If the landlord does not act, consider legal steps and inform the competent local court.
Forms and legal basis
The main legal bases are the German Civil Code (BGB) for landlord obligations and defects (§§ 535–536)[1] and the Code of Civil Procedure (ZPO) for lawsuits and procedural matters (§ 253 on the complaint)[2]. There is no special nationwide mold form; in practice a written defect notice serves as evidence. If you go to court, the complaint under § 253 ZPO is the fundamental document that sets out the facts, the claim and the evidence[2]. The competent first instance is usually the local court (Amtsgericht); appeals go to the regional court (Landgericht) and revisions to the Federal Court of Justice (BGH)[3].
Practical example: take photos of the mold, send the landlord a registered letter with a 14-day remediation deadline, document any lack of response and, if necessary, file a complaint at the local court attaching photos, the registered letter and the timeline as evidence.
FAQ
- Can I reduce the rent?
- Yes. For significant defects like mold you can reduce the rent until the defect is remedied. Document the extent and duration of the defect and provide evidence.
- Does the landlord have to remove the mold?
- In principle the landlord is responsible for maintenance; if they fail to act, tenants can demand remedy and, if necessary, take legal action. The legal basis is found in the BGB[1].
- Which court is responsible?
- The local court (Amtsgericht) is usually the first instance; appeals go to the regional court (Landgericht) and revisions to the Federal Court of Justice. Jurisdiction depends on the dispute value and procedure.
How-To
- Create full documentation: photos, dates, room temperature and ventilation notes.
- Write a defect notice to the landlord with a deadline (e.g. 14 days) and send it by registered mail.
- Wait for the deadline; keep postal receipts and note any responses or appointments.
- Consider rent reduction: calculate and record the percentage and the period during which the defect persisted.
- If unresolved, file a complaint at the local court and attach evidence to the complaint.
Help and Support
- BGB § 535 – Landlord obligations – Gesetze im Internet
- ZPO § 253 – Complaint form – Gesetze im Internet
- Federal Court of Justice (BGH) – Decisions and info