Tenant Guide: Prove Elevator Failure in Germany

As a tenant in Germany, a sudden elevator outage can strongly disrupt daily life, especially for elderly people or residents with mobility restrictions. This guide explains in plain language how to prove an elevator failure, what rights you have regarding rent reduction, and how to negotiate safely and lawfully with your landlord. I describe concrete steps: which evidence to collect, how to formally notify the landlord, which deadlines to set and when the local court becomes involved. At the end you will find a checklist and notes on official forms, sample letters, and links to relevant legal texts in Germany. The guidance is based on the relevant provisions of the BGB and the ZPO and shows which forms can be useful in court.

What to do when the elevator fails?

Always start with careful documentation: date, time, duration of the outage, photos of the elevator and possible witnesses. Collect all messages to or from the property manager and save delivery confirmations. If there are health limitations, document how the outage impairs your use of the apartment (e.g., doctor visits). The legal basis for rent reduction includes, among others, § 536 BGB, which describes when the rent can be reduced due to a defect.^[1] If the landlord does not act or deadlines pass, the local court can be involved.^[2]

• Take photos of the elevator, display notices and any error messages.
• Record witnesses: names, contact details and a short description of the incident.
• Log the date and time of each outage (start/end).
• Send a written defect notification to the landlord and request confirmation of receipt.
• Check whether rent reduction is possible and how high a reasonable reduction would be.
• If problems persist, set deadlines and consider legal steps at the local court.

Forms & Templates

There is no uniform mandatory form for a defect notification; a simple written defect notice is commonly used: date, description, deadline for repair and a request for confirmation. Example: "Dear Sir or Madam, the elevator at Musterstraße 1 has been out of service since 10/04/2025. Please remedy the defect by 14/04/2025 and confirm receipt of this letter." For legal steps you may need a power of attorney for legal representation; procedures for eviction or enforcement run under the Civil Procedure Code (ZPO). Official sample letters and guidance can be found at government resources.^[3]

Frequently Asked Questions

How much rent reduction is possible for elevator failure?

The amount depends on the extent of the impairment; courts look at past decisions and the actual loss of use. A case-by-case assessment is required.^[1]

Does the landlord have to repair immediately?

The landlord must keep the property in a condition fit for use; for safety defects prompt action is required. Set a reasonable deadline in your defect notice.

When is the local court responsible?

For disputed civil claims about rent reduction, termination or eviction, the local court is usually the first instance.

How-To

1. Collect evidence: photos, witness statements and a log of outage times.
2. Send a written defect notification to the landlord with a deadline.
3. Set a reasonable follow-up deadline and document delivery.
4. Assess the possibility of rent reduction and inform the landlord in writing.
5. If there is no response, prepare documents for the local court or seek legal advice.

Help and Support / Resources

• §536 BGB - Rent reduction (gesetze-im-internet.de)
• ZPO - Civil Procedure Code (gesetze-im-internet.de)
• Federal Court of Justice - Decisions (bundesgerichtshof.de)

1. [1] §536 BGB – Rent reduction (gesetze-im-internet.de)
2. [2] ZPO – Civil Procedure Code (gesetze-im-internet.de)
3. [3] Sample letters and guidance (Federal Ministry of Justice and Consumer Protection)