Tenant Guide: Silicone Seals & Damp Damage in Germany

As a tenant in Germany, silicone seals and damp damage are common problems that can affect comfort and health. This guide explains in simple steps how to detect damage, act promptly and create photo evidence correctly. You will learn which duties landlords have under the BGB, when a rent reduction may be possible and how to write formal defect notices. The guide is aimed especially at students and other tenants with limited experience in tenancy law and shows practical templates, deadlines and methods of proof. At the end you will find an FAQ, a step-by-step guide for recording damage and official contact points in Germany. I explain how to report defects, observe deadlines and which official forms or template letters are useful.

What to do about silicone seals & damp damage?

Start with a factual inventory: check seals, walls, ceilings and window reveals for cracks, detachment or dark spots.

• Photos (evidence) from multiple angles: wide and detail shots of the seal and adjacent areas.
• Check for mold (mold) and moisture signs such as discoloration or flaking paint.
• Document date and time (calendar): note when you discovered the damage and any new spread.
• Short video as supplementary evidence (evidence) showing affected areas.

Rights & Duties

Landlords are obliged under the BGB to keep the rented property in a condition suitable for contractual use.^[1] Clauses on minor repairs and cosmetic work in contracts should be reviewed; they must not negate the landlord's general maintenance obligations.

How to report defects formally

A formal defect notice should be factual, describe the damage, attach photos and set a reasonable deadline for repair.

• Write a defect notice (notice) with date, description and requested deadline.
• Attach photo evidence (evidence) as files or prints.
• Set a deadline (deadline): specify a clear, appropriate time to remedy the defect.

Documentation & photo evidence

For photos use good lighting and comparison shots with a scale (e.g. ruler). Label files with date and short keyword.

• Detail photo of the seal (evidence) plus context photo showing the location in the flat.
• Photo of the rented property with date insert or a handwritten note in the image (evidence).
• Record contacts (help): names, date and time of conversations with landlord or property management.

If agreement fails

If no agreement can be reached, court action may follow; civil proceedings are governed by the ZPO.^[2] The first instance for many tenancy disputes is often the local court (Amtsgericht).^[3] Decisions of the Federal Court of Justice (BGH) may be relevant for principle and interpretation.^[4]

FAQ

How quickly must the landlord respond?

The landlord must act within a reasonable period after receiving the defect notice; what is "reasonable" depends on the defect.

Can I reduce the rent?

For significant impairments a rent reduction is possible; carefully document extent and duration of the defect.

Which forms are useful?

Use a written defect notice with photo attachments; template letters from the justice ministry or official sources provide orientation.

How-To

1. Identify the damage and check whether it is mold (mold) or merely aging material.
2. Create photo documentation (evidence): detail and overview shots.
3. Record date and time (calendar) of each photo and observation.
4. Send a formal defect notice (notice) by email with read receipt or by registered mail.
5. Set a reasonable deadline (deadline) for remedy, e.g. 14 days for acute damp damage.
6. If there is no improvement, consider legal steps at the local court and use your documentation as evidence.

Key Takeaways

• Photo documentation and date stamps are crucial for success.
• Formal defect notices with deadlines strengthen your position.
• Use official contact points early for advice.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet – Zivilprozessordnung (ZPO)
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Information about Courts — Justice Overview (Amtsgericht)
4. [4] Federal Court of Justice — Decisions