Tenant: Defect Notice with Photos – Rent Reduction Germany

As a tenant in Germany, it is important to report defects in the apartment correctly so that you can enforce your rights such as rent reduction. This guide explains step by step how to document damage with photos, write an effective defect notice and set deadlines. I show which details must not be missing in the notice, how to secure evidence and when legal action is sensible. Practical examples help with phrasing, and at the end you will find contacts, official forms and notes on going to court. This guide refers to relevant legal provisions and sample forms so that you are prepared.

When is a defect notice effective?

A defect notice is effective if it clearly describes the defect, is communicated to the landlord in writing, and a reasonable deadline for remediation is set. State the location, type of defect, since when it exists and what impairments occur. Set a deadline and indicate that you will consider or enforce rent reduction if the defect is not remedied.

• Take and securely store photos and videos of the damage in chronological order.
• Note date and time of discovery and document start and end of impairment.
• Send written defect notice by email with read confirmation or by registered mail.
• Keep repair offers or invoices if craftsmen come.

Documenting photos correctly

Take at least several photos from different perspectives: overview, close-up and a scale reference (e.g. a ruler or clock). Save original files unchanged and note date and time of the shots in a file or note list. Name files clearly (e.g. "kitchen-mould-2025-06-01.jpg").

• Overview shot of the room so the location of the defect is clear.
• Close-up of the damage with details.
• Attach evidence such as invoices, craftsmen notes or measurements.

Calculating and asserting rent reduction

The amount of the rent reduction depends on the extent of the impairment. There is no fixed legal formula; court decisions orient themselves to percentage reductions of the gross rent. Inform the landlord in the defect notice that you consider a reasonable rent reduction if the defect is not remedied within the deadline. Before making a permanent deduction, consult legal advice or a tenant advice center.

• Document the scope and duration of the impairment for calculation.
• Set a deadline for the landlord to remedy the defect before reducing the rent.
• Keep payment receipts and a copy of your defect notice.

If in doubt about the amount, you can contact local courts responsible for rental disputes or seek legal advice.^[1]

Forms and official templates

Use official templates when available: sample letters to the landlord or termination letters are described by the Federal Ministry of Justice or on official sites. For lawsuits there are forms at the local court; also check requirements for attachments (photos, invoices, correspondence).^[2]

If it goes to court

If the landlord does not respond, you can file a lawsuit at the competent local court. The court examines evidence, correspondence and possibly statements from both sides. Higher instances like regional courts and the Federal Court of Justice may be relevant for appeals.^[3]

Frequently Asked Questions

How do I write an effective defect notice?

Describe the defect precisely, attach photos, state onset and impacts, and set a clear deadline for remedy.

Can I reduce the rent immediately?

You should initially set a deadline for the landlord to remedy; for serious defects an immediate reduction can be justified, but document everything carefully.

Where do I turn in case of dispute?

The competent local court (Amtsgericht) is the first instance for rental disputes; ministries and courts provide official information for legal questions.

How-To

1. Document the damage photographically (overview, close-ups, scale reference).
2. Create and send a written defect notice by email with read confirmation or by registered mail.
3. Set a reasonable deadline for remediation (e.g. 14 days) and document it.
4. If there is no response, consider rent reduction and document the amounts.
5. If necessary: file a lawsuit at the local court and attach all evidence.

Help and Support / Resources

• Gesetze im Internet (BGB) - authoritative statutes
• Federal Ministry of Justice and Consumer Protection - forms and guidance
• Federal Court of Justice (BGH) - case law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–536 on gesetze-im-internet.de
2. [2] Federal Ministry of Justice - forms, leaflets and templates
3. [3] Federal Court of Justice - decisions in tenancy law