Tenants in Germany: Emergency Entry Evidence & Deadlines
As a tenant in Germany, situations can arise where there is an emergency entry (Gefahr im Verzug) — for example burst pipes, acute mold growth, or a heating system that fails during winter. In such cases you must act quickly: secure important evidence, know the deadlines and, depending on the situation, inform the landlord or take measures yourself to avert the danger. This guide explains step by step which documents (photos, logs, witness statements) help, which deadlines apply and which forms and legal paths are possible. The language is plain, with concrete examples and practical tips so you can assert your rights as a tenant in Germany confidently and lawfully. We list the main deadlines, show sample letters and explain when a trip to the local court is necessary. At the end you will find a checklist, FAQs and a how-to for the next steps.
What does "Gefahr im Verzug" mean?
"Gefahr im Verzug" means that a delay would cause significant damage and immediate action is required. For tenants this can mean acute water damage, heating failure in winter or structurally unsafe elements. Legal bases for landlord obligations and tenant rights are in the German Civil Code (BGB).[1] For court procedures the rules of the Code of Civil Procedure (ZPO) apply.[2]
Important documents and how to secure them
Collect evidence systematically. Good documentation increases your chances to substantiate claims, have costs reimbursed or justify a rent reduction.
- Photos and videos with date and time stamps
- Damage log: time, location, visible defects
- Witness statements and neighbour names
- All communications to the landlord (emails, letters, SMS)
- Cost estimates or invoices if you arranged repairs
When are photos and witnesses most important?
Take photos immediately after discovery, store them securely (cloud or USB) and get witness statements early.
Forms and templates tenants need
For various steps there are official forms and typical templates. Here are the most important and how to use them:
- Payment order (Mahnbescheid, online debt collection): If the landlord refuses to reimburse or pay, a payment order can be the first formal step; file online at the debt collection portal, suitable for clear monetary claims.
- Application for an injunction (einstweilige Verfügung): If there is acute danger and a fast court order is required, this application can provide a short-term remedy.
- Filing a lawsuit at the local court: For larger disputes or if out-of-court remedies fail, file the claim at the competent Amtsgericht.
Example: With a burst pipe, take photos, send a registered letter to the landlord and simultaneously prepare a summary payment claim if reimbursement is refused.
Deadlines you must know
Deadlines depend on the case: notice periods, deadlines for rent reduction, self-help measures and court actions vary. The key is to document immediately and notify the landlord without delay.
- Immediate: secure evidence and inform landlord (ideally within 24 hours)
- Within days: obtain cost estimates and identify witnesses
- Depending on the claim: start debt collection or court proceedings within weeks to months
Which courts and authorities are responsible
Rental disputes usually start at the competent local court (Amtsgericht); appeals go to the Landgericht and precedent cases to the Federal Court of Justice (BGH).[3] In emergencies, provisional relief can be requested from the competent court.
FAQ
- What if the landlord does not respond immediately?
- Document everything, inform the landlord in writing and check if emergency repairs can be carried out and costs reclaimed.
- Can I claim a rent reduction?
- Yes, for substantial impairments a rent reduction may apply; secure evidence and observe deadlines before reducing rent.
- Do I have to inform the landlord before hiring a tradesperson?
- Generally yes, unless there is an acute danger in which case self-help and cost reimbursement may be possible if the measures were reasonable.
How-To
- Act immediately: take photos, note times and ask witnesses.
- Secure evidence: save copies and create a damage log.
- Inform the landlord: send a clear defect notice by email and registered letter.
- If necessary: file forms (payment order) or file a claim or injunction at the local court.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection
- Laws online (BGB, ZPO)
- Federal Court of Justice (BGH) decisions
