Tenant Checklist: Urgent Danger in Germany
As a tenant in Germany, your landlord may need to act quickly in an acute emergency, for example in the event of a burst pipe, fire risk or an immediate health hazard. In such cases this is called "Gefahr im Verzug" — swift measures may be permitted, but you should know your rights and the available evidence. This checklist explains how you as a tenant can safely document entries or work carried out during your absence, which photos and documents are important, how to name witnesses and which authorities or courts are responsible. The guide shows practical steps for securing evidence, drafting correspondence and clearly documenting deadlines and next legal steps. If possible, inform your landlord in advance in writing and note the time and participants. If in doubt, seek legal advice.
Rights and legal basics
German tenancy law is governed by the German Civil Code (BGB), particularly §§ 535–580a on the maintenance of the rented property and rent reduction. In genuine "Gefahr im Verzug" the landlord may take measures if significant damage would otherwise occur, but must not enter the flat without reason. Which courts have jurisdiction and how proceedings run is determined by the local Amtsgericht or, where appropriate, the Landgericht.[1][2]
Immediate actions for urgent danger
- Take photos and videos (photo): document the situation and damage immediately with your device.
- Note date, time and participants (deadline): record exact times and who was present.
- Record damage and measures (record): write down actions taken.
- Name witnesses and secure contact details (contact): have attendees provide statements.
- Inform the landlord in writing (notice): send an email or letter with the protocol and photos.
Evidence preservation and protocol
A clear damage protocol helps in court or with the landlord. Note facts, not interpretations, and specify evidence precisely.
- Create a damage protocol (document): record location, type of damage, date and time.
- Save photos with date/time information (photo): use timestamps or include notes in the file name.
- Collect copies of all correspondence and messages (document): secure emails and SMS.
- Record witness statements in writing (contact): name, phone number and brief statement.
If the landlord entered without notice
If you return and find someone has entered the flat without your consent, document the extent and reason for the entry immediately and inform your landlord in writing. Check whether there was a real emergency or whether your consent should have been obtained.
- Check health and safety (safety): note whether life or health were at risk.
- Contact authorities if break-in or danger (call): call the police if a criminal offence is suspected.
- Send a letter to the landlord requesting explanation and records (form): ask for copies of protocols.
- Record deadlines and ensure you meet them (deadline): set clear deadlines for responses.
FAQ
- What does "Gefahr im Verzug" mean?
- "Gefahr im Verzug" means that without immediate action significant damage will occur and measures may be taken without prior consent.
- Can the landlord enter my flat without permission?
- Only in narrow exceptions such as immediate danger to tenants or the building. Otherwise tenant consent is required.
- What evidence helps in a dispute?
- Photos, timestamps, witness statements, emails and a structured protocol are the most important evidence.
How-To
- Assess danger: determine whether immediate action is required.
- Secure evidence: take photos, film and create a written protocol.
- Inform the landlord: send the protocol and photos by email or registered letter.
- Inform authorities: involve the police if criminal acts or danger occurred.
- Keep documenting: record all subsequent steps and deadlines.
Help and Support / Resources
- Gesetze im Internet: BGB §§ 535–580a
- Justizportal des Bundes und der Länder
- Bundesgerichtshof (BGH) — Informationen und Rechtsprechung
