Tenant Defect Notice Checklist in Germany
As a tenant in Germany you may sometimes discover defects in your flat, for example mold, a faulty heating system or damaged pipes. A structured defect notice helps protect your rights: it documents damage, sets deadlines for repair and forms the basis for negotiated solutions such as rent reduction or prompt repair. This guide explains step by step how to report defects calmly, which evidence to collect, which forms and deadlines matter and when the local court may become involved. Plain sample texts, practical communication tips with the landlord and references to official forms will help you assert your claims clearly and legally.
What belongs in a defect notice?
A precise defect notice names the defect, documents evidence and asks the landlord in writing to remedy it. In disputed cases your rights are regulated in §§ 535–580a of the German Civil Code (BGB).[1] For court proceedings the Code of Civil Procedure applies.[2] Rental disputes are often heard at the local court (Amtsgericht).[3]
- Describe the defect precisely (repair): type, location and since when.
- Secure photos and videos (evidence) with dates and context.
- Set a deadline (deadline): specify a reasonable time to remedy.
- Send the notice in writing (notice): by registered mail or by email with confirmation of receipt.
Document damage with date and a clear location description.
Evidence and communication
Keep all evidence separate: photos, messages, contractor invoices and witness statements. Communicate calmly and set deadlines clearly.
- Keep records of correspondence (call): emails, letters and notes about conversations.
- Collect payment proofs (rent): transfer receipts and account statements.
- Manage access (entry): confirm appointments with the landlord or contractors.
Forms and legal steps
There is no uniform nationwide form for defect notices; usually a clear written notice suffices. If the landlord does not respond you can claim a rent reduction or demand remediation; relevant provisions are in the BGB.[1] For lawsuits, courts follow the rules of the Code of Civil Procedure.[2]
- Create a template (notice): short, factual, include date, deadline and desired remedy.
- Consider court action (court): attach documentation and observe deadlines.
- Seek advice (note): consult a tenants' association or legal advice.
Respond to deadlines or you may lose claims.
FAQ
- How do I write a defect notice?
- Describe the defect, state the time, attach evidence and set a deadline for remedy. Use registered mail or email with confirmation of receipt.
- Can I reduce the rent?
- If the defect substantially impairs use, rent reduction may be possible; check reasons and extent with the rules in the BGB.[1]
- Where do I turn in a dispute?
- If you cannot agree, the local court (Amtsgericht) is competent; consider mediation or tenant advice first.[3]
How-To
- Document the damage (evidence): take photos, videos and note the date.
- Send a written defect notice (notice): describe the defect and set a deadline.
- Contact the landlord (call): follow up and obtain confirmation of receipt.
- If necessary hire contractors (repair): document costs and keep invoices.
- Review legal options (court): file suit at the local court under the Code of Civil Procedure if needed.[2]
