Tenants: Arrange Mold Removal in Germany
As a tenant in Germany, you should act quickly, systematically and legally when discovering mold. This text explains in plain terms how to document mold, send a written defect notice to your landlord and arrange a timely agreement for removal. We describe typical deadlines, useful evidence, how to coordinate repairs or contractor appointments and when taking a case to the local court may be appropriate. The goal is to treat mold seriously, protect health and assert your rights without unnecessary escalation. Practical tips, official sources and sample wording help you present requests clearly and effectively in Germany.
What to do immediately
Act within a few days: document the infestation, measure moisture if possible and inform the landlord in writing. Photos with dates, a short description of affected rooms and details about heating and ventilation behavior are important evidence. Set a specific deadline for repair in the defect notice and request written confirmation.
A sample defect notice should state the findings, the time of discovery, your proposed deadline (e.g. 14 days) and a request for confirmation. Mention potential health risks and whether children or allergy sufferers are affected.
Which legal rights apply?
The landlord is obliged under tenancy law in the BGB to maintain the property; defects that impair usability must be remedied.[1] If the landlord does not remedy the defect within a reasonable time, rent reduction, self-remedy by the tenant (under strict conditions) or court action may follow.
Deadlines and evidence
Set a clear deadline (e.g. 14 days) and request an appointment for remediation. If the deadline is missed, you can consider further steps such as limited self-remedy or initiating legal proceedings at the local court.[2]
Practical steps to agree removal
- Take photos and note dates, describe affected rooms and materials.
- Send a written defect notice to the landlord (email plus registered mail or hand delivery with receipt).
- Set a concrete deadline: usually 7–14 days to confirm an appointment or repair.
- Arrange for contractors and access; record who enters the apartment and when.
- If conflicts arise, contact the local court or seek legal advice.
When does the landlord pay?
Generally, the landlord bears repair costs unless mold is demonstrably caused by the tenant's improper ventilation or heating. If the cause is unclear, an investigation may be necessary; secure evidence and record heating and ventilation behavior.
Common disputes
Disputes often arise over causation, cost responsibility and timing of work. Record all agreements in writing and request receipts after completion of the work.
Frequently Asked Questions
- Who pays for mold removal?
- The landlord usually pays unless the mold was clearly caused by the tenant's improper ventilation or heating.
- What is a reasonable deadline?
- Typically 7 to 14 days to arrange an inspection; final remediation time depends on the extent of damage.
- Can I hire my own contractor?
- Only in emergencies and if the landlord fails to act; document everything and keep receipts as costs are reimbursable only if self-remedy was justified.
How-To
- Document mold: photos, room temperature and moisture readings if possible.
- Send a written defect notice to the landlord and set a deadline.
- Wait for a response and arrange an inspection appointment.
- Supervise remediation and request receipts/protocols.
- If refused, consider legal action at the local court.
Help and Support / Resources
- BGB – tenancy law and landlord duties
- ZPO – rules for court procedures
- Federal Court of Justice (BGH) – case law in tenancy matters