Tenant Rights: Basement Fire Safety in Germany

As a tenant in Germany you should know how to detect and report basement fire-safety defects. Many issues start with blocked escape routes, non-functioning fire doors, or combustible storage. In high-rise buildings there are often special reporting channels and faster landlord obligations. This page explains in clear steps what duties landlords have, which deadlines apply for defect notices and how to secure evidence. You will receive wording suggestions for written reports and guidance on when authorities or courts should be involved. The aim is that as a tenant you can increase your safety and enforce your rights without taking unnecessary risks.

What to do about fire-safety defects in the basement?

If you discover fire-safety defects as a tenant, first document the condition with date and time. Name concrete defects such as blocked escape routes, defective fire doors or combustible storage and demand that the landlord remedy them in writing. Under the BGB landlords have maintenance and safety obligations^[1]. If the landlord does not react, you should set deadlines and, if necessary, inform authorities.

Quick actions

• Photograph defects and note the date (photo)
• Inform the landlord in writing and set a deadline (notice)
• Document the deadline and comply with it (deadline)
• In case of acute danger contact fire brigade or emergency services (call)

Rights and obligations: Briefly explained

The landlord is obliged to ensure that the rented property remains in a contractual condition. If fire-safety defects are present, the tenant can, besides requesting remediation, consider rent reduction or possibly claim damages. In serious dangers, authorities or the public order office should be involved; in legal disputes, the Amtsgericht is competent for tenancy cases^[2]. For fundamental legal questions BGH decisions may be relevant^[3].

FAQ

Who must remedy fire-safety defects?

Generally the landlord; as a tenant you should request remediation in writing and set a reasonable deadline.

Can I reduce the rent if the basement is fire-hazardous?

Under certain conditions a rent reduction is possible if usability is significantly impaired. Check the extent beforehand and document everything.

Who do I contact in case of acute danger in a high-rise building?

In acute cases first the fire brigade/emergency call; afterwards inform the landlord and possibly the public order office.

How-To

1. Take photos and document the condition (photo)
2. Notify the landlord by letter or email and name the defects (notice)
3. Set a reasonable deadline, e.g. 14 days, and document it (deadline)
4. In case of danger call the fire brigade immediately and then inform the landlord (call)
5. If there is no reaction: seek advice and consider court action at the local court (court)

Help and Support

• Gesetze im Internet (BGB and regulations)
• Justice portal: information on local courts
• Federal Court of Justice (BGH)

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1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] Competence of local courts — justiz.de
3. [3] Federal Court of Justice decisions — bundesgerichtshof.de