Tenant Guide Germany: Silicone Seals & Moisture Damage

As a tenant in Germany, you often encounter silicone seals and moisture damage when moving in or out. Small cracks, insufficient sealant or mold traces can later lead to disputes about compensation or rent reduction. This practical piece explains what should be included in the handover protocol, how to properly document damage and what duties landlords and tenants have under the BGB. You will receive concrete steps, form guidance for notifications and examples of when a repair or replacement may be at the landlord's expense. You will also learn which deadlines apply, how to secure evidence and when to involve a local court. This helps you better protect your rights as a tenant in Germany and avoid unnecessary costs.

What belongs in the handover protocol?

The handover protocol is your most important evidence when moving in or out. It should record damage to silicone seals, visible moisture traces and any mold spots with exact location and date. Note the condition, extent and location of affected seals as well as any repair suggestions.

• Take photos: Photos (photo) of seals and moisture with date.
• Note repair needs: repair suggestions and who might be responsible for the damage.
• Enter formal details: signatures, date and written notes as a form in the protocol.
• Name witnesses: names of present persons as evidence.

Who pays for silicone seals and moisture damage?

In general, the German Civil Code (BGB)^[1] regulates maintenance obligations. Minor wear and tear is usually covered by the tenant through agreed cosmetic repairs; significant defects or structural faults must be repaired by the landlord. Whether moisture damage must be borne by the landlord depends on the cause and responsibility: if caused by a structural defect (e.g. leaking exterior wall, defective pipe), the landlord usually pays; if due to improper use, the tenant may be liable.

Step by step: report defects

1. Report in writing immediately: send a form-based defect notice to the landlord and keep a copy.
2. Secure evidence: take photo or video with date and note witnesses.
3. Set a deadline: set a reasonable deadline (deadline) for remedy and name consequences if missed.
4. Seek help if necessary: contact advisory services or the competent local court for tenancy law.

FAQ

What exactly belongs in a handover protocol?

Location of damages, description (e.g. "crack in silicone seal, length x cm"), photos with date, signatures of parties and possibly witnesses.

Can I demand rent reduction due to moisture damage?

Yes, if living quality is impaired and the landlord does not remedy the defect despite a deadline. The amount depends on the extent of the impairment.

Do I have to replace the silicone seal as a tenant?

Only if there is a contractual obligation for cosmetic repairs or the seal was obviously damaged by the tenant's conduct; otherwise the landlord bears costs for structural defects.

How-To

1. Create photo documentation: photo of all affected seals and walls with date.
2. Write a defect notice: form with precise description and deadline (e.g. 14 days) to the landlord.
3. If repair is delayed: get a cost estimate and consider self-remedy after legal advice.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice – Forms and Templates
• Federal Court of Justice (BGH) – Case Law

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1. [1] BGB §535 ff. – Gesetze im Internet
2. [2] Musterkündigung und Formulare – Bundesministerium der Justiz
3. [3] Bundesgerichtshof – Homepage