Tenants in Germany: Reporting Gas Smell in Old Buildings

As a tenant in Germany, the smell of gas in an old building can be alarming and dangerous. This guide explains in practical terms how you as a tenant should react: which immediate measures protect life, how to inform the landlord and gas provider, and which formulations are suitable for a written defect notice. We show when a danger report to the fire department or emergency services is necessary, how to secure evidence and which deadlines apply for repair requests. We also explain the court instances responsible for disputes and list official forms and contact points in Germany. The aim is for you to act quickly, safely and with legal certainty — without immediately needing a lawyer.

What to do if you smell gas in an old building?

If you notice the smell of gas, every minute counts. Leave the apartment calmly and promptly, avoid sparks or open flames and call emergency number 112. Then notify the gas provider and the landlord in writing without delay. Note the time, place and visible signs and, if possible, take photos outside the affected rooms.

• Leave the apartment immediately and call emergency number 112.
• Do not operate electrical switches or use open flames.
• Inform landlord and gas provider and request written confirmation.
• Take photos and notes of time, smell intensity and possible sources.

Rights, obligations and official forms

The landlord is obliged under tenancy law to ensure safety; this is governed by the BGB in the landlord's duties.^[1] As a tenant you should submit a written defect notice: send a clear description of the defect with a deadline for repair. If repairs do not occur, you can consider rent reduction or seek court action; the procedure follows the rules of the Code of Civil Procedure.^[2] For financial support in legal disputes, you can apply for legal aid (Verfahrenskostenhilfe, VKH) at the competent local court.

Practical templates and forms

Important official sources and forms that may be relevant for tenants:

• BGB rules on defects and duties (see §535 et seq.).
• Application for legal aid (VKH) at the competent local court if fees are a barrier.

Step by step: sample defect notice

A short written letter to the landlord helps set deadlines and secure evidence. Example text:

• Date, apartment address, description of the gas smell and time.
• Request immediate inspection and repair by a specific date (e.g. within 48 hours).
• Note possible rent reduction or court action if the danger is not remedied.

FAQ

Who pays for a gas leak inspection?

In principle the landlord bears the costs to restore safety; however, you should report the defect without delay.

May I turn off the heating when I smell gas?

Yes, avoid open flames and switches; turn off heating or gas systems only after consulting professionals and leave the apartment.

When is a lawyer necessary?

A lawyer is not always immediately necessary. For persistent danger, refused repairs or complex disputes, legal advice can be useful.

How-To

1. Leave the apartment and contact emergency services.
2. Notify landlord and supplier by phone and in writing.
3. Secure photos and exact timestamps.
4. Set a repair deadline and prove sending the defect notice.
5. Consider rent reduction and apply for legal aid if needed.
6. In court, the local court (Amtsgericht) is responsible; keep all documents as evidence.

Help and Support / Resources

• BGB §535 ff. — Landlord duties
• BBK — Guidance on hazards and emergencies
• Federal Court (BGH) — Case law on tenancy

1. [1] Bürgerliches Gesetzbuch (BGB) — §535 ff.
2. [2] Zivilprozessordnung (ZPO) — Verfahrensregeln
3. [3] Bundesamt für Bevölkerungsschutz und Katastrophenhilfe (BBK) — Schutz bei Gefahren