Tenants: Defect List & Deadlines When Moving in Germany

When moving long distance, handing over the apartment is often more complicated: tenants must create a complete defect list, observe deadlines and secure evidence to enforce rights in Germany. This guide explains in plain language which documents you need when moving in, how to report defects in writing and which deadlines apply for repair, rent reduction or termination. I describe practical steps, example wordings and show when going to the local court or seeking advice is advisable. Keep photos, handover reports and witness details — these records are crucial if landlords do not respond. Read on for template texts, tips on evidence photos and a checklist for the apartment handover during a long-distance move.

Which documents do you need?

Create a structured defect list at move-in and collect proof: date, place, description and dated photos plus witness information are important.

• Copy of the rental agreement and all annexes (e.g. handover protocol).
• Handover protocol signed, ideally with detailed points and meter readings.
• Photos and videos, dated and labeled; keep original files and backups.
• Contact details of witnesses or the managing property office.
• Written defect notice to the landlord by email and registered mail, with deadline.
• Receipts for costs if you arrange immediate repairs (e.g. contractor invoice).

Which deadlines apply?

Deadlines for enforcing defect rights are influenced by both contract and law. Report defects immediately and set the landlord a written deadline for remedy (e.g. 14 days). For serious defects you can reduce rent or arrange repairs yourself after proper notice.

• Immediate notification: Report defects as soon as discovered, ideally within 2–7 days.
• Remedy deadline: Commonly 7–30 days depending on urgency.
• Rent reduction: Effective from the time of notification; document start and end precisely.
• Limitation: Claims from rental defects may become time-barred; check statutory deadlines in the BGB.

How do you enforce defects?

If the landlord does not respond, follow these steps: formal defect notice, deadline, rent reduction or submitting a cost estimate, possibly expert reports, and as a last step file suit at the local court.

• Send a formal defect notice by email and registered mail with a deadline and clear demand.
• Have minor defects repaired by a contractor after the deadline and send the invoice to the landlord.
• In case of dispute: prepare objections and consider suing at the local court; thorough documentation helps.

Sample text: defect notice

Use clear wording: date, description of the defect, photos attached, remedy deadline, announcement of further steps (rent reduction, self-help, lawsuit).

Here is a short template: "Dear Mr/Ms X, during the apartment handover on [date] the following defects were found: [items]. Please remedy these by [date]. If not remedied, I will take further steps."

FAQ

What is a defect list and how formal must it be?

A defect list is a detailed record of discovered damages. It should include date, precise description and photographic evidence; a signature at handover strengthens the evidence.

Can I reduce the rent if the landlord does not respond?

Yes, for significant impairments a rent reduction is possible, but documentation, deadline setting and legal advice are recommended.

When is it necessary to go to the local court?

If landlords do not respond despite a deadline or refuse claims, filing suit at the competent local court is the next step.

How-To

1. Prepare a handover protocol at move-in and document all defects with photos.
2. Send a written defect notice to the landlord and set a reasonable deadline (e.g. 14 days).
3. Wait; if there is no response, announce rent reduction or self-help and carry out repairs if necessary.
4. If needed, present evidence, invoices and correspondence to the local court and request legal enforcement.

Key Takeaways

• Document defects immediately and thoroughly.
• Set clear deadlines and respond within them.
• Use the local court and official legal channels if the landlord does not cooperate.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535 ff. — Gesetze im Internet
• Information on tenancy law — Federal Ministry of Justice (BMJ)
• General information on local courts — Justice Portal

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. — Gesetze im Internet
2. [2] Information on tenancy law — Federal Ministry of Justice (BMJ)
3. [3] General information on local courts — Justice Portal