Tenants: Avoid Elevator Failure Errors in Germany
As a tenant in Germany you can quickly face an urgent situation if an elevator fails suddenly, especially if you rely on barrier-free access. In an emergency proceeding the goal is to obtain a court decision or a fast arrangement on short notice. Crucial is court-proof documentation: photos, witness statements, written defect notices and precise dates. This practical guide explains which deadlines to observe, which official forms and pieces of evidence help, and how to prepare possible rent reductions or provisional measures. The language remains clear and free of legal jargon so you as a tenant can enforce your rights in Germany quickly and securely.
What to do immediately
In an acute elevator outage act quickly, in a structured way and document thoroughly. The following immediate measures help build a foundation for an emergency proceeding or later rent reduction.
- Take photos and videos of the elevator and record date and time (photo).
- Send a written defect notice to the property manager by registered mail (notice).
- Set a deadline: demand remedy within 2–3 days and document the deadline (time).
- Contact neighbors or witnesses and note their names (contact).
Legal foundations
Under the BGB tenants are entitled to the contractual use of the rented premises; in the event of defects a rent reduction can be asserted[1]. For rapid court measures the rules of the Code of Civil Procedure (ZPO) apply, for example concerning emergency proceedings and provisional injunctions[2]. Local courts (Amtsgerichte) are usually competent for tenancy disputes; higher instance decisions (BGH) can clarify or refine the legal situation[3].
Forms and templates
There is no nationwide mandatory template for defect notices, but useful templates and official guidance are available on judicial portals. Important forms and guidance include:
- Application for interim relief / injunction (forms vary by court; use the application when immediate remedy is required) — example: application for interim relief at the competent local court (notice). [4]
- Defect notice (written demand to remedy defects): no mandatory form, but include date, description, deadline and request for remedy (form).
Practical: document for court
What counts in court: clear timestamps, unaltered photos, witnesses with contact details and a copy of your defect notice. Keep a chronological file and preserve electronic files unchanged.
FAQ
- Can I reduce rent because of an elevator outage?
- Yes, a rent reduction is possible if usability is restricted; examine the extent and duration of the defect and document everything carefully.[1]
- How quickly can I get court help in an emergency proceeding?
- Emergency proceedings aim for quick decisions; depending on court workload an interim protection can be granted on short notice if conditions are met.[2]
- Which court should I contact?
- Local courts (Amtsgerichte) are usually responsible for tenancy disputes; the Federal Court of Justice (BGH) may be relevant for precedent and case law.[3]
How-To
- Secure evidence immediately: take photos, videos and record exact times (photo).
- Write a defect notice: describe condition, set a deadline (e.g. 48–72 hours) and request remedy (notice).
- Document the deadline and proof of receipt: use registered mail or electronic tracking (time).
- Secure witnesses: collect names, phone numbers and short written statements (contact).
- If there is no response: contact the local court and, if necessary, apply for interim relief (court).
- If successful: keep documents ready for possible rent reduction or damages and follow court orders (approved).
Key takeaways
- Record timestamps and deadlines precisely.
- Secure evidence such as photos, videos and witness names.
- Submit written defect notices in a provable way.
Help and Support / Resources
- Civil Code (BGB) – Legislation
- Code of Civil Procedure (ZPO) – Legislation
- Federal Court of Justice (BGH) – information and decisions
