Tenants in Germany: Proving Health Hazard with Step Rent

As a tenant in Germany, it is important to know how to prove a health hazard caused by defects despite a step-rent agreement. If mold, lack of heating or contaminated drinking water endanger your health, you have rights under the BGB.^[1] Collect photos, measurement data, medical certificates and communications with the landlord as evidence. This text explains which documents are persuasive, how to report defects within deadlines, which wording helps in letters and when proceedings before the local court are sensible.^[2] The aim is to give you practical steps to enforce your claims and quickly ensure safe living conditions. Read on for a step-by-step guide, sample formulations and notes on deadlines, rent reduction and contacting authorities.

What you need to prove

To credibly demonstrate a health hazard, you need comprehensible, dated and reliable evidence. Pay attention to timely documentation and to data that can be measured objectively.

• Photos with timestamps of mold, damp spots, broken radiators or contaminated water.
• Measurement protocols (e.g. humidity measurement, room temperature) from independent devices or experts.
• Medical certificates or doctor reports documenting health impairments caused by the housing conditions.
• Written communication with the landlord by e-mail or registered mail as well as responses or lack thereof.
• Statements from neighbors or witnesses, ideally recorded and signed.
• Invoices for repairs, expert reports or measurements that document costs and dates.

What to do now

Proceed step by step: report defects immediately, secure evidence and observe deadlines. Draft clear defect notices and demand remediation within a reasonable time frame.

• Send a formal defect notice by e-mail and registered mail with a date and a clear deadline for remediation (e.g. 14 days).
• Document every contact: date, contact person, content.
• Obtain medical advice for health issues and keep records.
• If there is no response or danger, consider legal steps at the local court; civil procedure rules of the ZPO apply.^[3]

FAQ

Can I reduce the rent if the apartment is hazardous to health?

Yes, tenants can reduce the rent if significant defects exist. The amount depends on the degree of use impairment; document the defect and inform the landlord in writing.

Which evidence is most important?

Photos with dates, independent measurement protocols, medical certificates and written contact with the landlord are central.

What happens if the landlord does not respond?

You can set deadlines, claim rent reduction and ultimately file a lawsuit at the local court. Use records and deadlines as proof.

How-To

1. Collect evidence immediately: photos, measurement data, medical certificates and witness statements.
2. Send a written defect notice to the landlord with a clear deadline for remediation.
3. Seek medical advice and contact health authorities if acute dangers exist.
4. If necessary, file a lawsuit at the competent local court and present all evidence.

Help and Support

• [1] BGB §535 – Landlord obligations (gesetze-im-internet.de)
• [2] ZPO – Civil procedure rules (gesetze-im-internet.de)
• [3] Federal Court of Justice – information and decisions (bundesgerichtshof.de)

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1. [1] BGB §535 – Pflichten des Vermieters (gesetze-im-internet.de)
2. [2] ZPO – Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Bundesgerichtshof – Informationen und Entscheidungen (bundesgerichtshof.de)