Tenants in Germany: Window & Door Seals
Many tenants in Germany are unsure who is responsible for damaged window and door seals or how to report defects correctly. This guide explains in plain language the landlord's obligations under the BGB, when tenants may perform small measures themselves, and how to formulate a defect notice properly. You will receive practical steps to check seals, advice on rent reduction and formal deadlines, as well as examples of how to document evidence and react before a legal dispute arises. If necessary, it also explains when going to the local court or seeking legal advice makes sense and which official legal sources are relevant.[1]
When seals are the landlord's responsibility
As a rule, maintenance of the rental property is the landlord's duty (§ 535 BGB). If window or door seals are leaky or damaged due to age or ordinary wear and tear, the landlord must arrange the necessary repair or replacement. Defects that impair the usability of the apartment (e.g., drafts, increased heating costs, moisture) are particularly reportable.[1]
When tenants can act themselves
Small, simple tasks such as tightening screws or cleaning the seal groove can often be carried out by tenants without infringing the landlord's rights. However, before replacing seals on your own, you should always inform the landlord and set a deadline for rectification. Otherwise, you risk not having replacement costs reimbursed.
- Inform the landlord in writing and document the date.
- Take before-and-after photos as evidence.
- Set a reasonable deadline for remedying the defect.
Rights regarding defects and rent reduction
If the defect significantly impairs living quality, a rent reduction may be justified. The amount depends on the extent of the impairment and has been specified in numerous rulings. Before reducing the rent, you should send the defect notice in writing and set a reasonable deadline for the landlord to remedy the issue. If there is no response, a staged and documented rent reduction may be possible; in case of dispute the local court decides.[2]
How to check and replace seals (practical)
A systematic check helps to identify the cause and extent of a problem. Work step by step and document each action.
- Check: Inspect windows and doors in the closed position for drafts using a candle or paper strip.
- Document: Photograph defective areas and note date and time.
- Write: Send a defect notice by email and letter (consider registered mail) to the landlord.
- Set a deadline: Give a clear period, e.g. 14 days, to remedy the defect.
- Self-help for minor repairs: Only consider if you announced it beforehand.
- Legal steps: If inactive, seek local court protection or claim damages.
Practical examples and wording
Example of a short defect notice: "Dear landlord, since [date] the seal at the exterior of the apartment is leaking, there is a draft and heating costs have increased. Please remedy the defect by [deadline]. Sincerely." Such letters help to document deadlines and responsibilities clearly. If the landlord does not respond, note dates and times of contact attempts.
FAQ
- Who pays for replacing the seals?
- Generally the landlord, if the leak is due to age or wear; the tenant can be partially responsible if there was improper handling.
- May I replace the seal myself as a tenant?
- Only with the landlord's consent or when it is a small unavoidable immediate measure; always inform the landlord in writing.
- How high can the rent reduction be?
- The amount depends on the extent of the impairment; for drafty windows, 5% to 20% of the rent is often applied, and the court decides in individual cases.
Anleitung
- Collect evidence: photos, dates, temperature records or increased heating bills.
- Write a formal defect notice and send it to the landlord.
- Set a deadline (e.g. 14 days) and document the method of sending.
- If there is no response, consider legal advice or prepare court action.
- Keep all documents as evidence for possible proceedings.
Help and Support / Resources
- Local court (Amtsgericht) — jurisdiction for tenancy disputes.
- Federal Court of Justice (BGH) — case law and precedents.
- Online laws: BGB and ZPO on official government websites.