Tenant Rights in Germany: Mold & Repairs 2025

Tenants in Germany often encounter mold, broken heating, or unsafe sanitary installations. This article clearly explains the landlord's maintenance obligations, the rights tenants can assert for defects and mold infestation, and how to document securely and respond with template letters. We present practical steps: securing evidence, setting deadlines, considering rent reduction and, if necessary, preparing a lawsuit or filing with the local court. The guidance cites relevant legal provisions such as the BGB and common court procedures. Learn which official forms and proofs are useful and how to draft a template letter so your rights in Germany remain effectively enforceable.

Landlord Obligations

The landlord must maintain the rental property in a condition suitable for contractual use. This includes remedying moisture damage and mold infestation when the cause is not solely tenant misconduct^[1]. Inform the landlord in writing and request a deadline for remediation.

What Tenants Should Do About Mold

• Document mold (mold): take photos, note dates, measure humidity and affected areas.
• Send a defect notice (form): describe the damage, set a reasonable deadline and request remediation.
• Collect evidence (evidence): keep emails, photos, witnesses and contractor quotes.
• Observe deadlines (deadline): act within the set timeframe or take further steps.

Rights: Rent Reduction and Urgent Measures

For substantial defects, rent can be reduced; the amount depends on the degree of impairment. Before reducing rent, check case law carefully and thoroughly document the defect. In cases of acute danger (e.g., mold that endangers health), immediate termination or filing may be considered; further action can include a lawsuit at the local court^[1][2].

Documents and Template Letters

Important documents for tenants:

• Defect notice (template): describe the defect, date, remediation deadline and request confirmation of receipt.
• Evidence folder: collect photos, measurement records, contractor quotes and email correspondence.
• Statement of claim (if needed): a claim under the rules of the ZPO must be filed at the competent local court; consider a template or legal advice.

Practical example: Send a defect notice by email and registered mail, document mold with photos and a measurement record, set a two-week deadline for remediation and state that you will reduce rent or involve the local court if there is no response.

Practice: Deadlines and Evidence Preservation

Note the date and time of all contacts, save photos with dates and keep original receipts. If the landlord does not act, you may reduce rent or arrange remediation by a specialist company and later claim costs from the landlord.

FAQ

Can I reduce rent because of mold?

Yes, if mold impairs the usability. The amount and start of the reduction depend on the specific case; document evidence and inform the landlord in writing.

What if the landlord does not respond?

Set a written deadline, send the letter by registered mail and consider legal steps such as filing a claim at the local court.

Are there official forms for lawsuits?

Claim forms and information are available at the competent local court and in the provisions of the ZPO; many courts offer downloads on their websites.

How-To

1. Document: take photos, record measurements and describe the location.
2. Send defect notice: send in writing by email and registered mail, set a deadline.
3. Wait: give the landlord a reasonable deadline for remediation.
4. Seek help: contact tenant advice services or the local court for next steps.

Help and Support

• Gesetze im Internet (Law collection)
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 — Landlord duties
2. [2] Zivilprozessordnung (ZPO) – Filing a claim
3. [3] Federal Court of Justice – Rental law decisions