Tenant Rights in Germany: Health Risks with Step Rent

As a tenant in Germany, you cannot ignore serious health risks in your home. This practical guide explains how to document defects, which rights apply under the BGB, when rent reduction or termination is possible and which deadlines must be observed. We describe how to collect evidence (photos, tenancy logs, written defect notices), how and where to submit official forms and when a visit to the local court (Amtsgericht) makes sense. Examples show how step rent and health risks interact and which legal steps offer protection. The goal is to make you able to act, meet deadlines and enforce your rights effectively against the landlord and in court. We list official forms and contact points.

What to do for health risks and step rent?

If mold, lack of heating or water damage endangers your health, quick documentation and the right forms are decisive. Note date, time and symptoms, take photos and look for witnesses. If there are health consequences, inform your doctor immediately and include medical certificates as evidence.

Rights and obligations are governed by the BGB; defect notification and possible rent reduction are central instruments^[1][2]. In escalating conflicts the local court (Amtsgericht) may have jurisdiction; court actions follow the deadlines of the ZPO^[3].

Concrete steps

• Collect evidence (photos, date, witnesses, evidence) and store it in a chronological list.
• Send a written defect notice to the landlord (registered mail, notice) and document receipt.
• Observe deadlines (Deadline): set a reasonable deadline for remediation and record the deadline end.
• Check rent reduction (rent) and, if necessary, withhold proportional payments after verifying the legal basis.
• If unsure, contact an initial legal consultation or the local court's legal application office.

If you need forms (e.g. payment order or court templates), use the official federal forms and guidance; many templates are available via the federal service portal^[4].

Frequently Asked Questions

Can I reduce the rent because of mold?

Yes, if the flat's suitability for contractual use is significantly impaired, you can reduce the rent; a defect notice to the landlord is a precondition.^[2]

How do I document health risks correctly?

Photos with dates, written notices to the landlord by registered mail, medical certificates and a defect log with witnesses are decisive.

When is termination by the tenant permissible?

Immediate termination is possible if health is seriously endangered and the landlord does not act after a reasonable deadline; document all steps and deadlines.

How-To

1. Step 1: Document defects immediately (photos, date, evidence) and create a log.
2. Step 2: Send a written defect notice to the landlord (registered mail, notice) and set a remediation deadline.
3. Step 3: Wait for the deadline (Deadline); avoid unilateral drastic measures without legal advice.
4. Step 4: If remediation fails, consider rent reduction (rent) or initiate legal steps.
5. Step 5: If necessary, consider filing a claim at the local court and submit all evidence (court).

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §535 - Pflichten des Vermieters
• [2] Bürgerliches Gesetzbuch (BGB) §536 - Mietminderung
• [3] Zivilprozessordnung (ZPO) - Procedural rules
• [4] Federal service portal - Forms & guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §535 - Pflichten des Vermieters
2. [2] Bürgerliches Gesetzbuch (BGB) §536 - Mietminderung
3. [3] Zivilprozessordnung (ZPO) - Procedural rules
4. [4] Federal service portal - Forms & guidance