Tenant: Proving Elevator Failure in Germany
Many tenants in Germany experience sudden elevator failures — especially in apartment buildings or barrier-free housing. A recurring or prolonged outage can severely affect daily life, mobility and commuting and may, under certain circumstances, justify a rent reduction. This guide explains step by step how you as a tenant can document the outage, which evidence is helpful in court and which deadlines you must observe. I explain which legal bases are relevant, how to correctly inform the landlord and which courts are responsible for disputes. Practical examples and notes on official forms help you prepare your case for court. The language is easy to understand; technical terms are explained so you feel more confident when applying for a rent reduction or presenting evidence in court.
What is an elevator outage?
An elevator outage occurs when the lift is temporarily or permanently unusable. This can range from short malfunctions to weeks-long shutdowns. For tenants it is especially important whether the use of the apartment is restricted by the outage (e.g. multiple floors, barrier-free access).
Why an elevator outage matters for tenants
Outages affect mobility, supply of groceries, childcare and commuting. Prolonged or repeated outages reduce living quality, which under § 536 BGB can justify a rent reduction. It is important that impairments are clearly documented and the landlord is given the opportunity to remedy them.[1]
How to document an outage
Documentation is crucial: the more precisely date, time, duration and consequences are recorded, the stronger your claims. Use photos, videos, written notes and witness statements.
- Take photos and videos with date and time.
- Record witnesses: note neighbors or caretaker and collect contact details.
- Send a written defect notice to the landlord by e‑mail and registered mail.
- Keep a log: record start, end and outage times.
- Secure repair reports or technician protocols if possible.
Legal foundations
As a tenant you base claims on the German Civil Code (BGB), in particular §§ 535–536 on defects of the rented property. Court procedures follow the Code of Civil Procedure (ZPO). For interpretations and precedents, decisions of the Federal Court of Justice (BGH) are relevant.[1] [2] [3]
Concrete steps and deadlines
- Notify the defect in writing within a few days and set a deadline for remedy.
- Gather evidence and store it securely.
- If there is no response, announce and calculate a rent reduction.
- If necessary, file a lawsuit at the district court if claims are not fulfilled.
FAQ
- Can I reduce the rent if the elevator fails?
- Yes, under certain conditions a rent reduction may be possible; documentation and setting a deadline for remedy are important.
- How do I set a deadline-based defect notice?
- Briefly describe the defect, state the date and a concrete deadline for remedy, and send the notice by registered mail and e‑mail.
- Which courts are competent?
- For rental disputes the district court (Amtsgericht) is usually competent; appeals go to the regional court (Landgericht), and the BGH decides fundamental legal questions.
How-To
- Record the date and time of the outage and take photos or videos.
- Send a written defect notice to the landlord with a reasonable deadline.
- Request repair records or confirmations from the caretaker or property management.
- Calculate the possible rent reduction and inform the landlord in writing about the calculation.
- If necessary, prepare court documents and file them at the competent district court.
Key takeaways
- Good documentation is crucial for success in rent reduction or court actions.
- Set and document clear deadlines and communications with the landlord.
