Tenant Rights: Silicone Seals & Moisture Damage Germany

As a tenant in Germany, it is important to know when silicone seals in the shower, bathtub or around windows must be renewed and how to document moisture damage correctly. This guide explains in clear language which rights and duties tenants and landlords have, how to use photos and timestamps as evidence and which deadlines and forms are important. I describe practical steps: reporting defects, setting deadlines, correct photo documentation and the route to the local court if an agreement is not possible. The aim is to help you decide whether to act yourself, claim reimbursement or consider legal steps — without legal training.

What are silicone seals and why are they important?

Silicone seals close gaps and protect against penetrating moisture. Defective or porous seals often lead to mold, water damage and consequential problems on walls or floors; such defects can impair living quality and require prompt action. The obligation to maintain and remedy defects is regulated in tenancy law and affects both tenants and landlords.^[1]

Rights and duties regarding moisture damage

If moisture enters through defective silicone seals, you should report the defect in writing and give the landlord a reasonable deadline to remedy it. Legal bases can be found in the BGB and for court actions in the ZPO.^{[1] [2]}

• Send a written defect report to the landlord (notice/form).
• Take photos with date, time and multiple perspectives (photo/evidence).
• Set a reasonable deadline for remediation, e.g. 14 days (within/days).
• If there is no response, consult the local court or seek legal advice (court).

Practical steps for evidence collection

Good evidence increases the chance that a landlord will react or that courts will accept your claims. Photograph the damage from different angles, show the surrounding context and, if possible, use a camera app with timestamps. Keep copies, emails and proof of dispatch, and log phone calls or responses.

• Take a wide shot for context, then close-ups of the seal (photo/evidence).
• Save photos with visible date/time or keep a separate log file (photo/evidence).
• Prepare a written defect report and attach photos (notice/form).

If repair is necessary: do it yourself or ask the landlord?

For small cosmetic repairs, tenants can sometimes act themselves; however, the landlord is generally responsible for remedying defects if the habitability of the dwelling is affected. Inform the landlord in writing and offer, if appropriate, to obtain a cost estimate. Do not make permanent alterations without consent and keep invoices and receipts for possible reimbursement claims.

FAQ

Who pays to replace the silicone seal?

Generally the landlord bears the cost if the seal is part of the apartments usability; reliable rules are found in the BGB.

How do I document moisture damage correctly?

Take systematic photos with date/time, record observations, send a written defect report and keep copies.

When can I reduce rent?

For significant defects a rent reduction may be possible; state a deadline and, if necessary, the local court as a contact point.

How-To

1. Take photos: wide shot, detail, scale and timestamp (photo/evidence).
2. Draft a written defect report and attach photos (notice/form).
3. Set a deadline, e.g. 14 days, and document the response (within/days).
4. If no remedy occurs, make copies and consider filing a claim at the local court (court).

Help and Support / Resources

• BGB § 535 online
• ZPO and procedural information
• Federal Ministry of Justice

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1. [1] Gesetze im Internet  BGB § 535
2. [2] Gesetze im Internet  ZPO
3. [3] Federal Ministry of Justice