Tenant: Report Health Hazard in Germany

What to do about a health hazard in the flat?

As a tenant, you should immediately document if mold, heating failure or contaminated water endangers health. Note date, time and effects on room use, inform the landlord in writing and demand remediation within a clear deadline. The German Civil Code regulates the landlord's duty to maintain and the consequence of rent reduction in case of defects^[1].

Which documents to collect?

• Photos and videos with date, showing location and extent.
• Correspondence with the landlord (emails, letters, SMS), each dated.
• Medical certificates if health effects occur.
• Measurement protocols (e.g., humidity measurements) and expert reports.
• Witness names and short written statements from neighbors or roommates.

For each item, note how and when you created the evidence and store original files securely.

Important deadlines

• Immediately: report defect in writing and set a remediation deadline (e.g., 14 days).
• Deadlines for rent reduction start from the landlord's receipt of the defect notice.
• In escalation: observe deadlines for filing a lawsuit; the Code of Civil Procedure governs form and process before court^[2].

How to write correctly: wording and form guidance

Write the defect notice clearly: date, description, evidence and remediation deadline. State concrete consequences (e.g., restricted use) and announce that you will consider rent reduction or an official complaint if not resolved. In case of health risks, additionally notify the public health office and request an inspection.

Practical forms and templates (example names):

• Termination letter / Defect notice (BGB § 536) as legal basis and sample wording.
• Forms and guidance from the Federal Ministry of Justice (BMJV) for procedural information and templates.
• Formal guidance for filing a lawsuit (ZPO) for court steps.

If necessary: authorities and courts

If the landlord does not react, inform the local public health office and if necessary the local court (tenancy disputes usually start at the local court). In case of legal uncertainty, legal advice or municipal legal counseling can help; appeals may be decided by the higher regional court or the Federal Court of Justice on fundamental issues^[3].

FAQ

When can I reduce the rent?

You can reduce the rent if the usability of the flat is significantly restricted by a defect and the landlord does not remediate within a reasonable time after notification.

Is an email sufficient as a defect notice?

Yes, an email is sufficient if receipt by the landlord can be proven; registered mail or a confirmation of receipt is safer.

When should I inform the public health office?

In case of an acute health hazard (e.g., massive mold infestation, contaminated water), the public health office should be informed immediately and asked to carry out an inspection.

How-To

1. Collect evidence: photos, videos, measurements and witness names.
2. Write a formal defect notice to the landlord and set a clearly defined deadline (e.g., 14 days).
3. Inform the local public health office in case of health risks and request an inspection.
4. Document all deadlines, responses and appointments without gaps.
5. If necessary, prepare documents for a lawsuit and file them at the competent local court.

Key Takeaways

• Documentation is your strongest basis in disputes.
• Set clear deadlines for the landlord and respond in writing.
• Inform the public health office immediately in case of acute health risks.

Help and Support / Resources

• BGB § 536: Rent reduction and landlord obligations
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Justice portal: information on courts and jurisdictions

1. [1] German Civil Code (BGB) §§ 535–536
2. [2] Code of Civil Procedure (ZPO) - Formal rules
3. [3] Justice portal: local court and jurisdiction information