Tenant: Prove Elevator Failure in Germany
As a tenant in Germany, a prolonged elevator outage can severely disrupt daily life. If you are affected because of limited accessibility, heavy shopping or health reasons, you have rights: you can document the defect, give the landlord a deadline to fix it and, if necessary, claim a rent reduction. In this guide I explain step by step how to prove an elevator failure, which evidence is useful, how to phrase deadlines correctly and which official bodies and courts in Germany are responsible. The language is intentionally simple so you can act without legal expertise.
What can tenants do?
An elevator outage can significantly reduce the usability of your flat; the landlord's duties are regulated in §§ 535 et seq. of the BGB[1]. Clear documents, deadlines and evidence are important before you assert a rent reduction or contact the owner.
Keep all messages, photos and appointment notes in one folder.
- Set a deadline: Request the landlord in writing to remedy the defect within a clear timeframe (e.g. 14 days).
- Document defects: Take photos, short videos and note dates, times and witnesses.
- Request maintenance records: Ask for access to the maintenance log or contact the caretaker.
- Check rent reduction: Calculate the reduction rate based on the degree of impairment.
- Legal steps: If necessary, a lawsuit can be filed at the local court; follow the procedural rules of the ZPO[2].
Detailed documentation increases your chances of success in negotiations or court proceedings.
How to collect evidence effectively
Use a mix of photos, timestamps and witnesses. Record how long the elevator is out, whether notices were posted in the building and whether repeated faults have been documented. Request written information about the cause and note every contact with the landlord or property manager.
Record the date, time and name of every contact person.
Frequently Asked Questions
- Can I reduce the rent if the elevator breaks down?
- Yes, a rent reduction is possible if the use of the apartment is impaired. The amount depends on the extent of the restriction; check the rules in the BGB and document the defect carefully.[1]
- Which evidence is most important?
- Photos with dates, videos, witnesses, maintenance logs and written communication with the landlord or management are crucial.
- Which court has jurisdiction in disputes?
- For tenancy disputes at first instance, the local court (Amtsgericht) is usually responsible; in higher instances it is the regional court (Landgericht) and ultimately the BGH.[3]
How-To
- Collect evidence: Photograph the elevator, make a short video and note times and faults.
- Request maintenance data: Ask the landlord or management for the maintenance log.
- Set a written deadline: Send a defect notice with a clear deadline and keep proof of sending.
- Announce rent reduction: Inform the landlord in writing about a planned rent reduction and its start if the defect is not fixed.
- Final step: If unresolved, submit evidence and claims to the local court and follow ZPO procedures.[2]
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
- [2] Federal Ministry of Justice and Consumer Protection — bmjv.de
- [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
