Tenant Defect Notice in Urgent Procedure, Germany

As a tenant in Germany, acute apartment defects may require fast legal steps. In emergencies, the urgent procedure can help when, for example, heating failure, water damage or mold endanger use. For a court application to succeed, you must document defects clearly, promptly and in a manner admissible in court: photos, dates, witnesses, correspondence and a precise description of the defect. This text explains in plain language which types of evidence matter, which legal bases (BGB, ZPO) are relevant, how to draft a formal defect notice and which deadlines apply. You will also find practical sample forms, a step‑by‑step process for an urgent claim and notes on the local court and higher court instances in Germany. Also read how to meet deadlines, reduce rent or, if necessary, defend against an eviction order.

What is a defect notice in an urgent procedure?

A defect notice in an urgent procedure is a short‑term judicial enforcement for remedy or protective measures when the habitability is acutely threatened. Legal bases are the landlord's obligations under the Civil Code (BGB) and the procedural rules in the Code of Civil Procedure (ZPO)^[1][2]. Typical aims are rapid repair, substitute performance by third parties or interim relief against denial of access.

Essential evidence

• Photos with date and time of the damage.
• Videos showing malfunctions or persistent defects.
• Date‑stamped emails, letters and registered mail to the landlord.
• Witness statements or written confirmations from neighbors or tradespeople.
• Invoices, cost estimates or receipts for replacement measures.

Form and content of the defect notice

A court‑ready defect notice should clearly state what is broken, since when the defect exists, what consequences it has and which deadline you set for remedy. Attach the evidence and explicitly demand remediation or set a deadline for defect removal. Send the notice by registered mail or by email with a qualified transmission receipt and keep receipts.

Forms and templates

There is no nationwide, legally mandated "defect notice template" from the legislature, but relevant procedural forms (e.g., complaint filing, interim relief) are available from competent courts and justice portals^[3]. Typical forms include:

• Complaint form for the competent local court (for ongoing refusal to remedy defects).
• Application for interim relief (if there is imminent danger, e.g., heating or water failure).
• Written defect notice to the landlord as evidence for the court.

Practical example: For extensive mold infestation, send a "defect notice" by registered mail with a 7‑day deadline for remediation; document with photos and a witness statement. If the landlord does not respond, apply for interim relief at the local court with a folder of evidence.

Court procedure and jurisdiction

In tenancy disputes, the local court (Amtsgericht) is usually competent in the first instance; for higher values, the regional court (Landgericht) can follow. Urgent procedures are often handled as interim relief. Observe deadlines and the requirement to submit evidence, otherwise the application may be dismissed. If in doubt, seek legal advice early or obtain a legal information service at the local court.

FAQ

When is an urgent procedure appropriate?

When the defect is acute and rapid remedy is necessary, for example heating failure in winter, major water damage or health hazards from mold.

What deadline should I set for the landlord?

Set a reasonable, written deadline; in cases of imminent danger a very short deadline (e.g., 24–72 hours) can be justified, otherwise 7–14 days.

Can I reduce rent while the urgent procedure is ongoing?

Yes, rent reduction is possible for significant impairments, but it should be documented and legally justified.

How-To

1. Draft a formal defect notice with date, description and a clear deadline for remediation.
2. Preserve evidence: photos, videos, witness statements, invoices and correspondence.
3. Send the notice in a verifiable way (registered mail or email with delivery report) and note the time of receipt.
4. If there is no response, prepare the complaint or application for interim relief at the competent local court.
5. Seek advice early if necessary, e.g., from consumer advice or legal aid services.

Help and Support / Resources

• Civil Code (BGB) – Miet law provisions
• Code of Civil Procedure (ZPO) – procedural rules
• Justice Portal Germany – courts and forms information

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Justice Portal Germany - Information on courts