Tenant Rights in Germany: Keep Escape Routes Clear

As a tenant in Germany, keeping escape routes clear and carefully documenting obstructions in high-rises can be a matter of life and death. When parcels, rubbish or stored items block escape routes, this affects not only safety but also your rights against the landlord. This article explains in plain language what duties landlords have under the BGB, how to collect evidence securely, which deadlines apply and which official forms you can use to report issues. I show concrete steps for photos, setting deadlines and which courts are competent if the landlord does not respond. This prepares you to protect yourself and other residents and to act in a legally secure way if necessary.

Why escape routes matter

Escape routes must always be passable so that in case of fire or emergency rapid rescue is possible. Blocked stairwells or corridors increase the risk for all residents and can lead to fines or enforcement orders. Under § 535 BGB the landlord is obliged to maintain the rental property in a usable condition; if escape routes are endangered, the landlord must take action.^[1]

How to document blocked escape routes

• Take photos with date and time, ideally from multiple angles.
• Record date and time in writing and log when the condition existed.
• Send a written defect notice to the landlord and have receipt confirmed by registered mail or email.
• Set a reasonable deadline for removal (e.g. 14 days) and document the deadline setting.
• Name witnesses or collect written statements if neighbors are also affected.
• If the landlord does not react, the next step may be to involve the local court or an expert.

Which deadlines and legal paths apply

Give the landlord a clear deadline to remove the obstruction; in many cases 10–14 days is appropriate, or shorter depending on the danger. If the landlord does not act, the local court (Amtsgericht) is the right place for tenancy disputes; procedural rules are found in the ZPO.^[2]

FAQ

What may I do as a tenant if an escape route is blocked?

You should collect evidence (photos, date/time), inform the landlord in writing and set a reasonable deadline for removal. If there is no response, you can consider legal action and, if necessary, involve the local court.

Can I arrange removal myself and deduct costs?

Only in narrow exceptional cases and after legal review is it possible to carry out removal and claim costs; you should first ask the landlord to remedy the defect and set a written deadline.

Which official forms are relevant?

Use standardized letters such as a defect notice or deadline notice; sample forms from the Federal Ministry of Justice can also help to phrase correctly.^[3]

How-To

1. Take photographs of the blockage from multiple perspectives and save files with the date.
2. Draft a short defect notice and send it to the landlord by registered mail or email.
3. Set a concrete deadline for removal (e.g. 14 days) and document delivery.
4. In case of acute danger, call the fire department/emergency number (112) immediately and inform building management in parallel.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Ministry of Justice – sample forms and information

1. [1] Bürgerliches Gesetzbuch (BGB), §535 Vermieterpflichten
2. [2] Zivilprozessordnung (ZPO) – procedural rules
3. [3] Federal Ministry of Justice – sample forms and guidance