Tenant Tips: Silicone Seals & Moisture Damage in Germany
As a tenant in Germany you should know how faulty silicone seals can cause moisture damage and which obligations landlords and tenants have under the BGB. This guide explains in practical terms how to assess seals correctly, document damage and meet deadlines to avoid costs or disputes when moving out. We show simple steps for damage documentation, safe communication with the landlord and point out when an expert report or legal steps make sense. The aim is to protect your rights as a tenant while finding compliant, practical solutions to remedy defects.
How to spot faulty silicone seals
Not every sealed area is defective. Typical signs of problems are cracks, detachment, discoloration from mold and persistent moisture at seal edges. Pay special attention in bathrooms, window sills and exterior wall junctions.
- Seal is tearing or detaching (repair): usually poor workmanship or unsuitable material.
- Unsuitable silicone type (repair): the wrong product for wet areas leads to lasting defects.
- Missing documentation (evidence): without photos, dates and descriptions claims are hard to prove.
- No written defect notice (notice): verbal notices rarely suffice for legal steps.
Your duties and rights as a tenant
In principle the landlord is responsible for maintenance of the rented property (§ 535 BGB)[1]. Minor routine cleaning of seals may be regulated in the lease, but structural defect repairs are usually not cosmetic repairs. Report defects promptly in writing and set reasonable deadlines for remediation.
How long to wait?
Give the landlord at least 14 days to fix defects, unless there are significant hazards or mold, which require immediate action.
Concrete steps for damage documentation
- Take photos (evidence) with date: several angles, close-ups and context shots.
- Send written defect notice (notice): include date, location, description and deadline, preferably by registered mail.
- Document repair attempts (repair): if you perform minor cleaning, note materials and effort.
- Consider an expert report (court): in serious damage or disputes request an independent assessment.
Common mistakes to avoid
Many tenants make the same mistakes: they wait too long or report defects only verbally. Others attempt improper repairs that can worsen the situation. Another frequent error is not documenting deadlines in writing or lacking witnesses/proof of receipt.
- Waiting without reporting (warning): delays remediation and can complicate liability issues.
- Improper DIY repairs (move-out): may cause higher follow-up costs.
- No comprehensive photo documentation (evidence): evidence is missing in disputes.
FAQ
- Who pays for repairing the silicone seal?
- Generally the landlord; under § 535 BGB maintenance is the landlord's duty. Minor cleaning may be contractually assigned to tenants.[1]
- Can I reduce the rent because of moisture?
- Yes, if living quality is significantly impaired rent reduction may be possible. Documentation and deadline setting are prerequisites for legally secure enforcement.
- What to do if the landlord does not respond?
- Send a second written request with a short deadline, consider obtaining an expert report and notify the local court in case of dispute.[2]
How-To
- Photograph and describe (evidence): capture the damage with date and location.
- Send defect notice (notice): written, set a deadline, prove receipt.
- Wait for response (repair): allow the landlord time to remedy within the set deadline.
- Next steps (court): if no response get an expert report and prepare legal action.
Key Takeaways
- Early documentation protects your claims and makes consequences traceable.
- A written defect notice with a deadline often prompts quick repair.
- If in doubt, commission an independent expert report to clarify cause and responsibility.
