Tenant Rent Reduction for Elevator Failure in Germany

Many students in Germany live in multiunit buildings and rely on functioning elevators. If the elevator is out of order for an extended period, tenants can claim a rent reduction, provided the impairment meets the legal requirements. This article explains in clear steps how to collect evidence, document damages, observe deadlines, and calculate the correct reduction amount. It also describes how to notify the landlord in writing, which courts are competent, and what steps to take if negotiations fail. The goal is to give you as a tenant practical steps so you can assert your rights in Germany securely and formally.

When can students reduce rent?

A rent reduction is possible when the usability of the flat is significantly impaired by the elevator outage, for example if climbing stairs is unreasonable due to location or health. The legal basis is found in the German Civil Code (BGB) for tenancy law and in case law that balances whether a defect exists and how large the reduction should be.^[1]

How to prove the elevator outage

Careful documentation is crucial: record date, time, duration and effects, and collect photo and video evidence. Keep a daily log of impairments and obtain witness statements if neighbors are affected.

• Create and save photos and videos with date and time
• Keep a defect log: date, duration, affected areas
• Send a written defect notice to the landlord by registered mail or email
• Name witnesses and obtain short written statements
• Collect receipts for extra costs (e.g., taxi due to mobility limitations)

Practical steps before litigation

Notify the landlord in writing about the defect, set a deadline for repair and state that you will consider a rent reduction. If no repair occurs within a reasonable time, continue documenting and calculate an appropriate reduction percentage based on the use limitation.

How-To

1. Collect evidence immediately: photos, videos, date/time and a defect log
2. Send a written defect notice to the landlord with a deadline
3. Calculate the rent reduction objectively according to the extent of the use restriction
4. If necessary: competent courts are the local courts for tenancy disputes; prepare documents for a claim
5. Seek advice from counseling centers or legal counsel, especially in complex cases

Frequently Asked Questions

How much can I reduce rent?

The amount depends on the degree of impairment of use; there are no flat rates, and case law often decides in percentages of the rent.

Do I have to withhold rent?

Withholding without legal review carries risks; it is better to pay the full rent and document the rent reduction separately or place it in escrow until the legal situation is clarified.

Who do I contact if the landlord does not respond?

Contact the competent local court or an officially recognized counseling center; in disputes the local court and possibly the regional court are responsible.^[2]

Help and Support / Resources

• German Civil Code (BGB) and other laws
• Federal Court of Justice (BGH) – judgments and guidance
• German Justice Portal – local courts and procedures

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–536 — gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) – Entscheidungen zur Mietrechtspraxis — bundesgerichtshof.de
3. [3] Informationen zu Amtsgerichten — Deutsches Justizportal