Tenants: Document guidance in old buildings Germany

As a tenant in Germany you often need complete documentation when guidance systems, contrasts or other structural defects in old buildings cause problems. This practical guide explains clearly which pieces of evidence help, which deadlines you must observe and which courts or authorities are responsible. You will find a clear checklist for photos, date logs, defect notices and forms as well as advice on how to report damage to the landlord and when a rent reduction may be possible. The steps are based on the relevant statutory provisions and typical case law so you can handle landlord contact, deadlines and a possible proceeding before the local court more confidently. Examples show how a photo log and a formal defect notice can improve your chances.

What and why document?

Documentation protects your rights: collect evidence on guidance systems, missing contrasts or hazards, note dates and name witnesses. The landlord's rental obligations and tenants' rights are derived from the German Civil Code (BGB) and the sections on use and defect remediation^[1]. If you later consider proceedings, the local court is competent; early documentation facilitates clarification^[3].

Checklist: What you should collect

• Photo (photo) of the defect from several angles, note date and time.
• Video (video) record briefly, document sequence, noises or malfunctions.
• Write a defect notice as a Form (form) to the landlord and keep a copy.
• Note deadlines: when reported and by when a response was expected (deadline).
• Save witnesses and contacts: record names, phone and email.
• Keep repair records or tradesmen's invoices.
• Secure receipts for payments or rent reductions (rent).

Formal defect notices should be clear: describe the defect, state the date, request remedy and set a reasonable deadline. Official sample forms and guidance can be found at the Federal Ministry of Justice and other authorities^[2].

FAQ

Can I reduce the rent due to missing guidance systems?

Yes, under certain conditions a rent reduction is possible if the use of the apartment is impaired; document the extent and duration of the defect carefully.

How do I write a legally secure defect notice?

Describe the defect, date, demand remedy within a deadline and send the notice in a verifiable way (e.g. by registered mail or email with read receipt).

Where do I turn if the landlord does not react?

First try a written reminder; if there is no reaction, the local court can be involved or you can seek advice from local authorities.

How-To

1. Photograph and film immediately: multiple perspectives, include timestamp or a separate dated note.
2. Create a defect notice: describe the defect, set a deadline and send as a Form; keep a copy.
3. Monitor deadlines: note the landlord's response and document dates in writing.
4. Secure contacts and witnesses: collect names, statements and contact details.
5. Consider court clarification if stuck: check proceeding before the local court and prepare evidence.

Key Takeaways

• Photos and videos with dates are central pieces of evidence.
• Send defect notices in writing and keep copies.
• Record all deadlines and act in time.

Help and Support / Resources

• BGB online (document) – German Civil Code §§ 535–580a
• Federal Ministry of Justice (form) – templates and guidance
• Federal Court of Justice (court) – case law and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesministerium der Justiz – Muster und Hinweise
3. [3] Bundesgerichtshof – Informationen zur Rechtsprechung