Tenant Rights for Mold in Germany
Many tenants in Germany face the question of who is responsible for mold in the apartment and how to avoid conflicts with the landlord. This text explains in plain language which obligations landlords have, when tenants can demand a rent reduction and how you should document mold, set repair deadlines and assert claims. We describe official forms, responsible courts such as the local court (Amtsgericht), relevant BGB sections and practical steps for communicating with the landlord. The aim is to give you as a tenant practical, legally sound guidance so that mold problems are resolved without unnecessary dispute. You will receive advice on setting deadlines, engaging an expert and preserving evidence. Read on for concrete template texts.
Who is responsible?
In principle, the BGB regulates the duties of landlord and tenant; the landlord must keep the apartment in a contractually agreed condition and remedy defects.[1]
Rights and duties
- Rent reduction is possible for significant impairment; assert it in writing.[1]
- The landlord must remedy the defect if it was not caused by the tenant.[1]
- Document mold with dated photos, take notes and collect witness statements; keep correspondence.
- Set a reasonable deadline for the landlord to remedy the defect (e.g. 14 days) and state consequences.
- If there is no response, you can file a lawsuit at the competent local court (Amtsgericht).[3]
How to document mold
Photograph the mold from different angles with dates, keep a list of affected rooms, note heating and ventilation behavior and collect written communication. If necessary, hire an independent expert and refer to applicable laws in a formal letter with a deadline for remediation. Official templates from the Federal Ministry of Justice can be helpful for formal letters.[4]
FAQ
- Can I reduce the rent if mold appears?
- Yes, for significant impairment tenants can reduce the rent; document the defect and inform the landlord in writing.[1]
- Who pays for mold remediation?
- The landlord usually pays if the mold was not caused by improper tenant use; a technical inspection can clarify responsibility.
- What deadlines should I observe?
- Set a reasonable deadline for remediation (commonly 10–14 days) and announce legal steps if no remedy is provided.[2]
How-To
- Inform the landlord in writing, describe the defect and set a clear deadline for remediation.
- Document mold with dated photos, notes and witnesses; preserve all messages.
- If there is no remedy, engage an expert and request cost coverage from the landlord.
- If the landlord still does not react, consider filing a lawsuit or interim measures at the local court (Amtsgericht).[3]
