Tenants: Prove Elevator Failure in Germany with Photos

As a tenant in Germany, repeated or prolonged elevator failures can significantly disrupt your daily life. This guide explains step by step how to properly document an elevator failure with photos and other evidence, which deadlines to observe and how to prepare possible rent reductions or complaints at the local court^[1]. It is aimed at residents without legal expertise: we show which photos are helpful, how to keep a defect log and which formulations are useful in a defect notice. At the end you will find a short guide to legally secure procedures and links to official statutes and forms in Germany. The notes take into account relevant paragraphs of the BGB^[2] and procedural rules of the ZPO^[3].

What exactly to document?

Good documentation is essential if you want to assert the consequences of elevator failure against the landlord or in court. Note time, duration and effects on your living situation and collect photos, witness statements and correspondence.

• Photos: Clear shots of the elevator, any error displays and the surroundings as evidence.
• Date and time: Attach date and time to each photo and observation.
• Evidence & witnesses: Record names and statements of neighbors or caretakers.
• Defect notice: Send a written notice to the landlord or property manager with a deadline for remedy.
• Repair records: Keep records from craftsmen or maintenance companies.

How to take photos correctly?

Photos should show both wide shots and close-ups of damage, labels or error messages. Ensure good lighting, place an object for scale and, if needed, record short videos showing the problem in operation.

• Wide shot: Document the overall situation of the elevator and surroundings.
• Close-up: Photograph displays, damage or warning signs clearly.
• Time/date: Photo with visible time or an accompanying note with date and time.
• Video evidence: Short clips of the elevator malfunction can be helpful.

Sample defect notice to the landlord

A defect notice should be concise, factual and complete: describe the elevator failure, attach date/time and evidence photos, and set a reasonable deadline for correction.

• Description: Briefly and precisely describe the failure and its consequences.
• Deadline: Specify a clear deadline for repair (e.g. 14 days).
• Attachments: List photos, videos and witness names as attachments.
• Warning of further steps: Note that you will consider legal steps (rent reduction, lawsuit) if not remedied.

FAQ

Can I reduce the rent due to elevator failure?

Yes, under certain conditions a rent reduction may be appropriate. The amount and duration depend on the extent of the impairment and its duration. You should report the defect and secure evidence. See the regulations in the BGB^[2].

How do I know if I must sue in court?

First try a written defect notice and deadline. If out-of-court resolution fails, the local court is responsible for many tenancy disputes; the procedure follows the ZPO rules^[3].

Which forms do I need for a lawsuit?

There are standard forms for civil claims and local instructions at the competent local court; inquire at your regional justice portal or directly at the local court.

How-To

1. Take immediate photos and short videos of the elevator and save date and time.
2. Record the times of failures and collect witness statements.
3. Send a written defect notice to landlord or property manager and set a deadline.
4. Request repair or maintenance records from the property manager or operator.
5. If no solution occurs, consider rent reduction or filing a lawsuit at the local court.

Help and Support / Resources

• Statutes: BGB (gesetze-im-internet.de)
• Federal Ministry of Justice (bmj.de)
• Justice portal & local court information (justiz.de)

1. [1] Amtsgerichte und Justizportal (justiz.de)
2. [2] §535 BGB – Landlord duties (gesetze-im-internet.de)
3. [3] Zivilprozessordnung (ZPO) – Procedure (gesetze-im-internet.de)