Tenant Guide: Remove Mold in Germany

Tenants should address mold promptly, factually and with documentation because it endangers health and living quality. In Germany, the BGB regulates landlords' duties to maintain and repair; report defects in writing and set a reasonable deadline for remediation. Collect photos, dates and witness statements to be able to prove later when the infestation began and whether it persists. In cases of acute health risk, also notify medical services and inform the public health office immediately. This page explains the typical steps tenants take, common deadlines, and which official authorities or forms may be relevant so you can assert your rights properly in Germany.

What should you do first?

Assess the scope and cause of the mold: visible surfaces, window sills, corners, back of furniture, as well as smells and damp spots. Photograph the infestation with the date (e.g., smartphone photos) and record temperature or humidity readings if possible. Documentation is the basis for any successful defect notice and subsequent rent reduction or legal action.

Checklist: Immediate actions

• Take dated and time-stamped photos of the mold and save them securely.
• Quickly check whether a visible and immediately fixable defect exists (e.g., a leaking pipe).
• Send a written defect notice to the landlord and set a deadline for remediation.
• Specify the deadline clearly (e.g., 14 days) and announce access for repairs.
• If there is a health risk, inform a doctor or the public health office.

Rights and obligations – briefly explained

The landlord is obliged under tenancy law to carry out maintenance. Under § 535 BGB, the landlord must keep the rented property in a condition suitable for use and remedy defects that occur^[1]. Report the defect in writing and set a reasonable deadline; only in serious health hazard cases are immediate measures and reports to authorities advisable. If the landlord does not respond, tenancy-related legal steps may follow, up to a lawsuit at the competent local court (Amtsgericht)^[2].

How-To

1. Document: make photos, note dates, and record any measurements.
2. Send a defect notice in writing to the landlord and set a clear deadline (e.g., 14 days).
3. If there is no response, call the landlord and provide the written documentation.
4. If necessary: consider legal action and prepare a lawsuit or application at the local court; use official court forms if available.
5. If health is at risk, contact the public health office or a doctor and secure medical records.

FAQ

Can I reduce rent if mold appears?

Yes, if mold impairs living quality, rent reduction may be possible; the amount depends on scope and duration. Gather evidence and give the landlord the opportunity to remedy first.

Do I have to give the landlord immediate access to the apartment?

The landlord may request access for repair after announcing and in a reasonable manner; urgent repairs justify prompt action, but appointments should be announced.

What official steps are possible if the landlord does not respond?

You can consider legal action at the local court (claims to enforce repairs) and present evidence; a prior defect notice with a deadline is important.

Help and Support / Resources

• § 535 BGB - Gesetze im Internet
• Federal Court of Justice (BGH) - Decisions
• Federal Ministry of Justice - Information

1. [1] § 535 BGB - Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) - Gesetze im Internet
3. [3] Justice portal - Information on courts