Tenant Rights: Enforce Mold with Photos in Germany

Many tenants in Germany face the problem of mold in their apartments. Tenants need clear photo evidence, timely documentation and knowledge of rights such as rent reduction or the right to repairs. This article explains in plain language which steps make sense: which photos to take, how to properly notify defects, applicable deadlines and when a court or the local court (Amtsgericht) is responsible. It names the relevant legal bases, shows practical form examples and describes how to secure evidence so it holds up in court. At the end you'll find a step-by-step guide, frequently asked questions and official contact points for tenants in Germany.

What counts as reliable photo evidence?

Take photos in stages that document date, location and extent. Photograph the affected area from different angles, close-ups of the damaged surface and an overall room view. Supplement photos with short notes on time, weather (e.g., damp) and ventilation habits. Keep original files unchanged and make copies with a date stamp. Record when you informed the landlord promptly.

Legal basis and deadlines

Landlords have an obligation to maintain the rental item under the BGB; defects and mold can reduce usability.^[1] If the defect limits use, the tenant can reduce rent; if not remedied further steps are possible. In cases of eviction or legal proceedings, the rules of the ZPO apply and the local court (Amtsgericht) is usually competent for tenancy disputes.^[2]

Practical steps to secure evidence

• Photos: Capture date, multiple perspectives and overall view immediately.
• Video: Add short clips with timestamps to document smell or moisture.
• Written defect notice: Send by email and registered mail to the landlord and keep copies.
• Tradesperson/Expert: Have the findings recorded and keep invoices if possible.

Forms and templates

For payment disputes or if the landlord does not react, official forms and templates can help. Example: payment order (Mahnbescheid) or claim forms are available via justice websites; filing a claim is done at the competent local court (Amtsgericht).^[3] For simple defect notices there is no nationwide mandatory form, but clear content is important: date, precise description of the mold, deadline for remedy and note about possible rent reduction.

What to do if the landlord does not react?

If the landlord does not respond within a reasonable period, you may reduce the rent, commission an expert or arrange repairs after giving notice and claim the costs. In case of impending eviction or if legal clarification is required, the local court is the first point of contact. Collect all evidence and prepare a clear chronology.

FAQ

How quickly must I report mold to the landlord?

Immediately in writing and additionally documented by photo; set a clear deadline for remediation (e.g., 14 days) so claims can later be justified.

Can I reduce the rent myself?

Yes, if the apartment's usability is impaired. Documentation and proof are important; when in doubt seek legal advice before withholding large amounts.

What role does the local court (Amtsgericht) play?

The Amtsgericht decides tenancy disputes at first instance, such as rent reduction, termination or eviction claims; higher instances are the regional court and the Federal Court of Justice (BGH).

How-To

1. Photograph: Immediately take multiple images, close-ups and overall shots, note the date.
2. Defect notice: Send a written notice by email and registered mail with a deadline (e.g., 14 days).
3. Expert report: If serious, commission an expert and secure the report.
4. Authorities/contact: Inform the public health office if there's a health hazard and keep records.
5. Legal steps: If no response, consider filing a claim at the local court or initiating debt collection procedures.

Key Takeaways

• Good photos and a complete chronology are decisive.
• Formal defect notices with deadlines improve enforceability.

Help and Support / Resources

• BGB §535 – Landlord obligations (gesetze-im-internet.de)
• ZPO – Civil Procedure (gesetze-im-internet.de)
• Justice portal – forms and local courts (justiz.de)

1. [1] BGB §535 – Landlord obligations (gesetze-im-internet.de)
2. [2] ZPO – Civil Procedure (gesetze-im-internet.de)
3. [3] Justice portal – forms and local courts (justiz.de)