Tenants: Prove Elevator Failure in Germany

Tenants in Germany often face practical problems when the elevator fails. This article explains how to systematically document elevator failures, which evidence matters and how to negotiate calmly with the landlord without immediately hiring a lawyer. We explain when rent reduction is possible, which deadlines and forms apply, and how to archive appointments, photos and correspondence so your rights are better enforceable before a court or the local court. The language stays accessible; concrete steps help you pursue dispute resolution and potential claims such as damages or rent reduction with confidence. You will receive templates for formal letters, notes on deadlines under the BGB and links to official forms and information on procedures at the local court.^[1]

What to do when the elevator fails?

First check for immediate danger (e.g. trapped persons) and alert the caretaker or emergency service. Note date, time and duration of the outage and report the defect to the landlord in writing by email or letter. A formal defect notice clarifies deadlines and the landlord's obligations.^[1]

Collect evidence

• Photos (photo) and videos (video) of the elevator with date and time.
• Keep a logbook (record) with times, witness names and reports to the property manager.
• Save correspondence: emails, texts and the formal defect notice as PDFs (form).
• Document deadlines: when the defect began and until when repair was expected (deadline).
• Keep receipts: costs for alternative transport or other expenses caused by the outage (rent, fee).

Forms and official steps

There is usually no special "rent reduction form"; a formal defect notice as a letter or email with a deadline is sensible. For persistent problems, an informal application at the local court may be necessary; courts provide form assistance and claim forms.^[2] Procedural rules of the ZPO apply in legal disputes.^[3]

Negotiating without a lawyer

Stay factual: present your documented evidence, propose a deadline for repair and offer a joint inspection. Specify whether you consider a rent reduction or claim for damages and justify any amount with concrete costs or restrictions of use.

• Send defect notice and set a deadline (form, deadline).
• Present organized evidence: photos (photo), witnesses, logbook (record).
• Log phone contacts and confirm agreements in writing (call).
• Propose rent reduction or compensation amounts (rent, payment).

If negotiation fails

If the landlord does not respond or the offered solution is insufficient, you can consider suing at the competent local court; the facts will be examined and rent reduction or damages may be awarded. Check claim forms and procedures at the competent local court.^[2]

FAQ

Can I reduce my rent if the elevator fails?

Yes, under certain conditions rent reduction is possible. It depends on how much the apartment's use is restricted and how long the defect lasts. Documentation and a formal defect notice are important.

Which pieces of evidence are most important?

Photos and videos with date/time, a logbook with witness statements, correspondence with the landlord and receipts for additional costs are most persuasive.

When must I go to the local court?

If negotiations fail and the landlord does not remedy the defect within a reasonable period or no agreement on rent reduction/damages is reached, proceeding to the local court is an option.

How-To

1. Take photos (photo) and videos (video) immediately with date and time.
2. Keep a logbook (record) with times, witnesses and reports to the property manager.
3. Send a formal defect notice (form) to the landlord and set a deadline.
4. Create phone logs and confirm agreements in writing.
5. Calculate possible rent reduction or compensation and propose negotiation options.
6. If necessary, file evidence and a claim at the competent local court (court).

Help and Support / Resources

• Gesetze im Internet: BGB §§535–580a
• Federal Court of Justice - decisions and guidance
• Justice Portal: court forms and information

1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Justizportal: Formulare und Gerichtsservice
3. [3] Gesetze im Internet: ZPO