Tenant Rights: Defect Notice in Germany

Many students in Germany face the problem that their apartment has defects that affect living conditions. This guide explains in plain language how tenants can write a legally effective defect notice, which deadlines apply and how to secure evidence for a possible emergency proceeding. I describe practical steps: documentation, written notice, setting deadlines and, if necessary, filing an application with the competent court. The goal is for students to understand their rights under tenancy law in Germany and to be able to act without legal expertise. I name relevant laws, competent courts and official forms so you can take concrete measures quickly and meet deadlines.

What is an effective defect notice?

An effective defect notice clearly describes the defect, states the location and time, requests the landlord to remedy the defect and sets a reasonable deadline. The legal basis for the landlord's duties is the German Civil Code (BGB) §535 et seq.^[1]

Evidence preservation: step by step

• Take photos and videos of the defect and note date and time.
• Send a written defect notice to the landlord (registered mail with return receipt or by e‑mail with confirmation).
• Set a realistic deadline for remedy, e.g. 14 days, and document the date.
• Name witnesses, record names and contacts, and save all messages.
• For small repairs keep receipts and document costs.

Emergency proceedings and court action

If the landlord does not respond, emergency proceedings can be useful, for example to obtain a quick order for repair or use protection. The procedural rules are in the Code of Civil Procedure (ZPO)^[2]. In practice, local courts (Amtsgerichte) are usually responsible for tenancy disputes; applications and lawsuits can be filed there. You can find court information on the justice portal. competent local court^[3]

How-To

1. Document: Immediately take photos, videos and short notes.
2. Write and deliver the defect notice: describe the defect, set a deadline, include proof of delivery.
3. Monitor the deadline: document the expiry and plan next steps.
4. If necessary, consider emergency proceedings or filing at the competent local court.

Frequently Asked Questions

Do I have to report defects in writing?

Yes. A written notice creates evidence and is important for deadlines and proof.

Can I reduce the rent because of a defect?

Rent reduction is possible if usability is impaired; the amount depends on the individual case and the extent of the defect.

Which court is responsible for tenancy disputes?

Local courts (Amtsgerichte) are usually responsible in the first instance; higher courts may decide on legal questions.

Key Takeaways

• Documentation is the decisive factor for success in disputes.
• Observe deadlines: notify in time and check time limits.
• Written communication and proof of delivery strengthen your position.

Help and Support

• BGB: Tenancy law §§ 535–580a (gesetze-im-internet.de)
• ZPO: Code of Civil Procedure (gesetze-im-internet.de)
• Justice portal: information on courts (justiz.de)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] Justizportal – Informationen zu Gerichten