Tenant Rights: Proving Health Hazard in Germany

As a tenant in Germany, health hazards such as severe mold, prolonged heating failure or contaminated water can endanger your living quality and health. This guide clearly explains how to systematically document symptoms and damage, which deadlines and forms are important, when to request the landlord in writing to remedy defects and how to collect evidence for rent reduction, damages or extraordinary termination. The goal is that you as a tenant in Germany act prepared, know your rights and avoid unnecessary risks.

What to do immediately

• Photograph and film the defect from different angles and save date and time.
• Send a formal defect notice to the landlord by registered mail or e-mail with delivery confirmation.
• Set a reasonable deadline for remedy and document the deadline.
• If there is acute health risk, hire a specialist company (e.g., mold expert) and keep invoices.
• Collect witness statements or medical findings if health consequences occur.

Rights, rent reduction and extraordinary termination

In case of significant health hazards tenants can reduce the rent or, in extreme cases, terminate immediately. The landlord's statutory obligations are regulated in the provisions of the German Civil Code (BGB)^[1]. Before taking drastic steps, a defect notice and a reasonable deadline for remedy should be given; document all communication in writing.

Evidence and official forms

Useful evidence includes photos, measurement records, written defect notices, invoices from tradespeople and medical certificates. For court proceedings, approval of legal aid (Prozesskostenhilfe, PKH) can be relevant; the application is available at the competent local court or on official justice portals^[2].

If it goes to court

Tenant disputes in first instance are usually heard at the competent local court (Amtsgericht); in serious cases the landlord files an eviction suit or you assert claims for rent reduction or damages there.^[3] Prepare your documents well and check early whether consultation aid or PKH is available to you.

FAQ

Can I reduce rent immediately if mold appears?

You can reduce the rent if the living quality is significantly impaired; document the defect and deadline and inform the landlord in writing.

When is an extraordinary termination justified?

An extraordinary termination is only justified for serious, unrectifiable or not timely remedied health hazards; prior deadline setting is generally required.

Where do I file a lawsuit?

Legal disputes in tenancy law are heard in the first instance at the local court; check with the competent local court for forms and procedures.

How-To

1. Document the defect with photos, dates and witnesses.
2. Send a written defect notice to the landlord and set a deadline.
3. If necessary, hire an expert and collect invoices and reports.
4. Seek advice (e.g., consultation aid) or check for legal aid if court proceedings are necessary.
5. File a lawsuit at the competent local court if the landlord does not respond.
6. Use court hearings to present your documentation and witnesses.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Information on local courts – justiz.de

1. [1] BGB §535 – Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] ZPO – Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Local courts and court information (justiz.de)