Tenant Rights in Germany: Proving Health Risk

Many tenants in Germany face the question of how to prove a health risk in their apartment and enforce their rights under tenancy law. This guide clearly explains which steps to take for documentation, notifying the landlord and, if necessary, which official forms and authorities are relevant. You will learn how photos, measurements and witness statements work together, which deadlines to observe and when to involve a lawyer or the local court. Special situations such as index rent or operating costs are explained practically so you can respond factually, confidently and in a legally secure manner. The focus is on practical checks, legally secure template letters and guidance about authorities such as the public health office or the local court so you can present your claims clearly and transparently. Read on for checklists, form copies and action recommendations for tenants across Germany.

What is a health risk?

A health risk exists when defects in the apartment can impair physical health, for example mold infestation, no heating in winter or contaminated drinking water. Such defects can impair the usability of the rented property and give rise to claims under tenancy law.

Collecting evidence

Careful documentation increases your chances of successfully enforcing rights. Collect different types of evidence and keep a clear chronology.

• Photos and timestamps of mold, water stains or damaged areas
• Measurements (e.g. humidity, temperature) and laboratory reports
• Written communication with the landlord, e‑mails and registered letters
• Medical certificates or health reports
• Witness statements from roommates or neighbors
• Record deadlines and dates for remedying defects

Forms and authorities

There are official forms or standard letters for many steps. Examples include templates for defect notifications, setting a deadline for remedy, and, if necessary, template letters for rent reduction or tenant termination. Use registered mail with return receipt or electronic delivery with read confirmation.

If there are health risks, the public health office can be contacted; legal actions are handled by the local court, and proceedings follow the ZPO.^[2][3]

Legal consequences and rent reduction

For significant health risks, tenants can reduce the rent until the defect is remedied. The conditions and amount of rent reduction are derived from the BGB; documented evidence and a reasonable deadline to the landlord are important.^[1]

Frequently Asked Questions

Can I reduce the rent if mold affects my health?

Yes, if the impairment is significant, rent reduction is possible. Document the mold, inform the landlord in writing and set a deadline for remedy. Obtain a medical certificate if necessary.

Who decides on an eviction claim?

Eviction claims are generally handled by the local court; legal proceedings follow the ZPO. A lawyer can help prepare court documents and meet deadlines.^[2]

When should I inform the public health office?

If the living situation represents a concrete health risk (e.g. contaminated water or severe mold), report the matter to the local public health office for review and documentation.

How-To

1. Document the defect with photos, measurements and dates
2. Send a written defect notice to the landlord and set a reasonable deadline
3. Secure deadlines and appointments in writing and keep records
4. Contact the public health office if a health risk exists
5. If necessary, prepare legal action and file a claim at the local court

Key takeaways

• Good documentation is the basis for any legal enforcement.
• Set clear deadlines for the landlord and communicate in writing.
• Act quickly to preserve deadlines and legal protections.

Help and Support / Resources

• BGB §535: Landlord duties
• Zivilprozessordnung (ZPO)
• Federal Ministry of Health

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1. [1] Bürgerliches Gesetzbuch (BGB) §535
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesministerium für Gesundheit