Tenant Duties for Mold: Documenting Move-Out Germany
Many tenants in Germany face the problem of correctly documenting mold and proving removal obligations when moving out. Collecting evidence, setting deadlines and, if necessary, involving the local court protects your deposit and your rights. This guide explains in clear steps what duties landlords and tenants have, which legal bases apply and which practical records (photos, defect notices, contractor invoices) are important. You will learn how to report defects in writing and on time, which forms or informal letters are permissible and how court proceedings work. At the end you will find a step-by-step guide, frequently asked questions and official links to the BGB[1], ZPO[2] and BGH[3].
What landlords and tenants must note
In everyday life it is important: document mold, inform the landlord and set clear deadlines. Often no blanket assignment of blame is possible; the circumstances (construction defects vs. improper ventilation) are decisive. In case of doubt, document everything and, if necessary, obtain professional advice.
- Photograph mold immediately and note the date (photo, document).
- Inform the landlord in writing: defect notice by registered mail or save e-mail (notice, form).
- Set a deadline for remediation (e.g. 14 days) and request feedback (deadline).
- Document emergency measures and hire a contractor, keep invoices (repair, maintenance).
Evidence preservation: What counts
Courts and landlords pay attention to comprehensible, timely evidence. In short: date, place, condition, signatures or witnesses are helpful.
- Photos and videos with date or calendar entry (photo, video).
- Written defect notice with request for remediation (notice, file).
- Contractor invoices, estimates and receipts (receipt, payment).
- Record witnesses or cohabitants in writing (call, contact).
Rights, duties and legal basis
The landlord has the duty of maintenance and remediation of defects under the German Civil Code (BGB)[1]. The tenant must report defects without delay and may reduce rent or carry out remediation themselves if the landlord does not respond.
For court proceedings, the rules of the Code of Civil Procedure (ZPO)[2] apply. Disputes about timely remediation or deposit refunds are usually heard in the local court; nationwide precedents are set by the Federal Court of Justice (BGH)[3].
Practical example: defect notice and deadline
Write a concise defect notice with date, description, photos and a clear deadline for remediation (e.g. 14 days). Informal writing is permissible, but the written form with signature increases evidentiary value.
How-To
- Photograph and record the time.
- Send a written defect notice to the landlord and document receipt.
- Set a reasonable deadline (e.g. 14 days) and have it confirmed in writing.
- Hire a contractor if there is danger and secure receipts; inform the landlord beforehand if possible.
- Store all documents, photos and invoices chronologically.
- If no agreement is reached: seek advice and consider filing a claim at the local court.
Frequently Asked Questions
- Who pays for mold removal?
- In general, the landlord is responsible for structural defects; the tenant may bear some responsibility for usage-related mold.
- Is a photo sufficient as evidence?
- Photos are important but should be complemented by date stamps, written defect notices and invoices.
- What if the landlord does not respond?
- Set a follow-up deadline, document everything and consider rent reduction or court action at the local court.
Key Takeaways
- Document mold and defects immediately and thoroughly.
- Send defect notices in writing and include deadlines.
- Use official legal channels if disputes cannot be resolved informally.
