Tenant Duties for Mold in Germany
As a student in Germany, it is important to know the duties tenants and landlords have in case of mold. This guide clearly explains how to detect mold, report it correctly and document it professionally so that your claims are secured. We cover immediate measures to avert danger, necessary photos and expert reports, the legal basis in the BGB and practical templates for notifying the landlord. The goal is to give you clear steps so you keep deadlines and avoid unnecessary costs. The tips are tailored to students who often move on short notice and need legally sound evidence quickly.
What to do about mold?
If you discover mold, act quickly: document and inform the landlord. Start with simple, safe measures to limit damage and record everything precisely so you can prove deadlines later.
- Take photos and note dates (evidence): photograph affected areas from several angles and record date and time.
- Act quickly (deadline): report the infestation in writing promptly so deadlines are observed.
- Inform the landlord in writing (form): send a formal defect notice by email and additionally by registered mail if possible.
- Avert danger (safety): ventilate and avoid contact with heavy mold until inspection takes place.
Rights and duties
In Germany, the landlord is obliged to maintain the rental property; specific rules on defects and maintenance are found in the BGB.[1] As a tenant you must report damages promptly; failure to do so can limit your rights. In case of health risks, act quickly; in disputes the local court usually rules on rent reductions, terminations or eviction actions.[2]
Documentation Step by step
Professional and complete documentation is often decisive if claims or legal disputes arise later. How to document correctly:
- Photos with timestamps (evidence): close-ups and overview shots, ideally with a second proof such as a newspaper clipping or a screenshot of the date display.
- Record date and time (deadline): note when you discovered the mold and when you informed the landlord.
- Create a formal defect notice (form): describe location, extent, photos and request a deadline for remediation.
- Obtain an expert report (repair): for larger infestations have an independent report made and file it with your documents.
- Note witnesses and contacts (contact): record names of neighbors or caretakers who can confirm the condition.
- Consider legal steps (court): if the landlord does not respond you can assert a rent reduction or consider legal action.
Frequently Asked Questions
- Who must remove mold?
- Generally the landlord is responsible for maintenance unless the tenant caused the mold through improper behavior.[1]
- Can I reduce the rent?
- Yes, for significant defects a rent reduction is possible; the extent depends on the severity and may be decided by the court.[2]
- When is an expert report useful?
- For larger infestations, health risks or disputed causes, an independent expert report strengthens your position.
How-To
- Photograph mold and note the date (evidence).
- Send a written defect notice to the landlord and set a remediation deadline (form).
- Hire an independent expert for larger infestations and secure the report (repair).
- Consider legal action if no resolution: possibly file a claim at the local court (court).[2]
Key Takeaways
- Photo documentation and date information form the basic evidence.
- A formal defect notice helps secure rights and starts deadlines.
- For major infestations an independent expert report is worthwhile.
