Tenant Rights in Germany: Silicone Seals & Moisture
What to do about damaged silicone seals and moisture damage?
Moisture in an apartment and damaged silicone seals are common problems for tenants in Germany. When water penetrates seals, mold can form and living quality suffers. As a tenant you have rights: the landlord must remedy defects and ensure habitable conditions[1]. This article explains how to document moisture damage, arrange appointments with the landlord or craftsmen, and properly collect photo evidence. You will also find guidance on which documents are helpful and when to consider legal steps.
Step 1: Document the damage
Clean documentation improves your chances. Collect photos, short videos and written notes about smell, color and extent of the moisture.
- Take photos from multiple angles and close-ups.
- Record date and time on each photo.
- Make short videos (30–60 seconds) if water is actively entering.
Step 2: Inform the landlord
Inform the landlord immediately in writing about the defect and request defect remediation within a reasonable deadline. Describe the damage, attach photos and propose appointment dates.
- Send a written defect notice by email or registered mail.
- Offer concrete appointment proposals for inspection or repair.
- Set a reasonable deadline (e.g. 14 days) and state it in the letter.
Step 3: Appointments and craftsmen
Landlords must remedy defects. If necessary, the landlord may hire craftsmen; ask for written confirmation of appointments and request a statement of the work carried out.
- Clarify appointments and access issues in advance.
- Take photos before and after repairs.
- Document the craftsman’s contact information.
What if the landlord does not respond?
If the landlord does not respond or refuses to remedy the defect, tenants may consider further steps: rent reduction, self-remedy (with cost reimbursement) or filing a lawsuit at the local court. Legal bases are found in the BGB and ZPO[1][2].
Self-remedy
Under certain conditions tenants may perform a repair themselves and claim reimbursement from the landlord. Documentation and prior deadline setting are important.
Legal steps
In severe or disputed cases, file a lawsuit at the competent local court; higher appeals go to the regional court or ultimately the Federal Court of Justice[3].
FAQ
- Can I reduce the rent if silicone seals are leaking?
- Yes, if the living quality is significantly affected a rent reduction may be justified; document the extent and timing of the defect.
- Do I have to allow the craftsman access?
- Yes, the landlord or appointed craftsmen may request access to remedy the defect, reasonable prior notice is customary.
- What deadlines apply for defect remediation?
- There is no fixed statutory deadline; set a reasonable deadline (commonly 10–14 days) and document it.
How-To
- Photograph the damage immediately and note the date.
- Send a written defect notice to the landlord.
- Set a deadline (e.g. 14 days) and wait for a response.
- If hired: confirm the craftsman appointment and document the work.
- If unresolved: consider legal steps and prepare a claim at the local court.
