Tenant Rights for Health Hazards in Germany

As a tenant in Germany, you are often directly affected when mold, lack of heating or contaminated water endanger the apartment. This practical guide explains in plain language how to document health hazards, notify the landlord, set deadlines and which forms and authorities are relevant. We provide practical steps for rent reduction, evidence collection and necessary court actions so you can protect your rights without unnecessary risk. The guidance is aimed at tenants without legal expertise and names responsible bodies such as the local court and the public health authority as well as useful official sources.^[1]

When is there a health hazard?

A health hazard exists when defects substantially impair the usability of the apartment or pose an immediate health risk, for example significant mold infestation, failure of heating at subzero temperatures, or contaminated drinking water. Landlords are obliged under the Civil Code to keep the rented property in a condition suitable for use and to remedy defects.^[1]

What should tenants do immediately?

• Collect photos and dates, note witnesses and secure all evidence (evidence).
• Notify the landlord in writing, describe the defect and set a reasonable deadline for remediation (form).
• In case of acute danger, inform the public health authority and obtain medical reports and, if necessary, call emergency services.
• Consider rent reduction: document the amount and start date, and pay the reduced sum separately.
• If the landlord does not respond, consider legal action at the local court or seek legal advice.

Important forms

• Termination letter (sample) – templates for tenants are provided by the Federal Ministry of Justice; use such templates if you end the tenancy because of health hazards and the landlord fails to remedy the situation.^[3]
• Filing a lawsuit / complaint at the local court – if deadlines expire without result, filing suit is the next step under the rules of civil procedure.^[2]
• Payment order (Mahnverfahren) for monetary claims – e.g. for rent arrears or damages, a payment order under civil procedure can be initiated.

FAQ

Can I reduce the rent if mold endangers my health?

Yes. If the living conditions are substantially impaired and a health risk exists, rent can be reduced; document the extent and start date of the defect precisely and inform the landlord in writing.

Who is responsible if the landlord does not respond?

If the landlord does not respond, the local court may have jurisdiction; civil procedure rules apply and higher courts such as the regional court or the Federal Court of Justice may be involved for legal questions.^[2]

When should I contact the public health authority?

Contact the public health authority immediately if there is an acute health danger, for example severe mold infestation or contaminated water; the authority can order measures.

How-To

1. Collect detailed evidence: photos, dates, measurements and witnesses.
2. Send a formal defect notice to the landlord and set a clear deadline for remediation.
3. Inform the public health authority in case of acute danger and obtain medical certificates.
4. Calculate an appropriate rent reduction and pay the reduced amount separately.
5. If necessary, file a lawsuit at the competent local court or seek legal advice.

Key Takeaways

• Documentation is the basis for successful complaints and rent reductions.
• Give the landlord a clear written deadline to remedy defects.
• In acute danger, the public health authority is a central contact.

Help and Support / Resources

• BGB §535 – Landlord obligations
• Zivilprozessordnung (ZPO) – Civil procedure
• Federal Court of Justice (BGH) – Case law

1. [1] Civil Code (BGB) - §535
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Ministry of Justice and Consumer Protection - Forms and information
4. [4] Federal Court of Justice (BGH) - Case law