Tenant Rights Mold Removal in Germany 2025

As a tenant in Germany, you should know which rights and duties apply in case of mold. This guide explains in plain language how to document mold, inform the landlord, set deadlines and which legal steps are possible if the defect is not remedied. I describe practical steps for securing evidence, which details a written defect notice should include and how rent reduction or court clarification can proceed. The aim is to give you reliable options so you can restore habitability and avoid unnecessary costs.

What applies legally for mold?

The landlord is obliged to maintain the rental property under the German Civil Code; relevant provisions can be found in §§ 535 et seq. BGB. A significant impairment of the apartment can entitle the tenant to a rent reduction if usability is restricted.^[1] Report visible mold immediately in writing and document deadlines and the landlord's responses.

Practical steps for tenants

Follow these steps systematically so that claims can be substantiated later.

1. Photograph and document mold areas with date and time.
2. Send a written defect notice to the landlord and demand remediation within a reasonable deadline.
3. Set a clear deadline for remediation (e.g., 14 days) and specify the measures you expect.
4. If there is no response, consider rent reduction or legal action; tenancy disputes are usually handled by the local court.

Forms and sample letters

There is no uniform federal form for a "defect notice", but a clear written letter with date, description, photos and a deadline is crucial. If you go to court, the complaint is prepared according to the rules of the Code of Civil Procedure; the ZPO governs the procedure and form of the claim.^[2]

Evidence preservation and expert reports

Collect evidence: photos, witnesses, correspondence, invoices for provisional measures. In disputed cases, an expert report can help; BGH case law on weighing evidence is relevant for success prospects in court.^[3]

Deadlines and court steps

Observe statutory deadlines for lawsuits and procedural requirements; tenancy disputes usually start at the local court, higher appeals go to regional courts and the Federal Court of Justice for fundamental legal questions.^[4]

FAQ

Can I reduce the rent because of mold?

Yes, significant impairment of usability can justify a rent reduction; amount and start depend on scope and duration of the defect.

Who pays for mold removal?

In principle the landlord bears the costs for removal and cause investigation, unless the tenant caused the mold through their behavior.

How do I write a defect notice?

Include an exact description, photos, date and a deadline for remediation, and request an acknowledgement of receipt.

How-To

1. Document mold: photos with date, room name and description.
2. Send a written defect notice to the landlord within 2–3 days after discovery.
3. Set a clear remediation deadline (e.g., 14 days) and announce legal steps if nothing happens.
4. Collect further evidence, consider rent reduction and seek legal advice or file a claim at the local court.

Key takeaways

• The landlord is responsible for maintenance; report defects in writing.
• Secure evidence consistently; photos and correspondence are central.
• Many disputes are decided at the local court; consider legal steps early.

Help and Support

• BGB text and provisions for tenancy law
• Federal Court of Justice (BGH) – decisions on tenancy law
• Federal Ministry of Justice – information on courts and procedures

1. [1] German Civil Code (BGB) §§535–536 – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – decisions
4. [4] Federal Ministry of Justice – courts and procedures