Tenants in Germany: Report Gas Smell in Old Buildings
Tenants in older buildings often feel uncertain when they detect a gas smell. In this text I explain clearly and practically which steps you as a tenant in Germany should take immediately: how to report the smell correctly, inform the landlord and emergency services, observe deadlines and document damages. I mention important legal bases from the BGB, which courts are responsible, and which official forms or sample letters can be used. The goal is to reduce danger, secure rights and avoid costly consequential damages — without an immediate lawyer visit. At the end you will find FAQs, a step-by-step guide and links to official authorities.
What to do if you smell gas in an old building?
When you smell gas every minute counts. Follow a clear priority: your safety first, alerting others, documenting. In old buildings pipes can be older and leaks harder to find.
- Call emergency services (call 112) and briefly describe the situation.
- Leave the apartment immediately and open windows (move out), do not use any ignition sources.
- Turn off the main gas supply at the meter if it is safe to do so.
- Inform the landlord or building manager and request written confirmation.
- Take photos, note timestamps and witnesses to secure evidence (document evidence).
Rights and obligations for tenants in Germany
As a tenant you have rights under the German Civil Code (BGB) in case of defects of the rental property, for example the right to remediation and possibly rent reduction.[1] Report defects without delay and in writing so that remedies and deadlines remain open.
Forms and sample letters
There is no nationwide official form for a "gas smell defect notice"; in practice tenants use a written defect notice or a sample letter to the landlord. A short sample might read as follows:
Defect notice (sample): "Dear landlord/landlady, on [date, time] I noticed a gas smell in the apartment [address]. I have informed the emergency services and request immediate remediation of the gas smell. Please confirm receipt of this notice in writing."
Such letters serve as proof if you later need to assert rights or clarify deadlines.[1]
When to involve the courts? Jurisdiction and procedure
If the landlord does not react and there is acute danger or significant defects, tenants can consider filing a lawsuit at the competent local court. Rules of civil procedure under the ZPO apply to eviction and related proceedings.[2]
FAQ
- How quickly must I act as a tenant?
- Immediately: leave the apartment, call emergency services, inform the landlord and begin documentation.
- Can I reduce the rent if nothing is done?
- If the impairment is significant, rent reduction may be possible; document defects and set deadlines before withholding payments.
- Which court is responsible for disputes?
- The local court (Amtsgericht) is usually the first instance; higher courts up to the BGH may decide on legal interpretation issues.[3]
How-To
- Call emergency services and describe the situation (call 112).
- Leave the apartment and warn other residents (move out).
- Inform the landlord in writing and set a deadline (within 24 hours).
- Collect evidence: photos, times, witness names (document evidence).
- If necessary: prepare for court action at the local court (court).
