Tenants: Prove Health Hazards in Germany

As a tenant in Germany, identifying a health hazard in your apartment (e.g. mold, toxic building materials, inadequate heating) can be crucial for rent reduction, repair claims or termination. This guide explains in practical terms how students and other tenants can legally prove health risks, which documents are important and which deadlines apply. You will receive concrete action steps for collecting evidence, filing official reports and handling landlord communication. I also describe which courts are responsible and which template forms are useful. The guidance is oriented to German law and refers to relevant sections of the BGB and procedures under the ZPO so you can systematically enforce your rights in Germany.

Proving a Health Hazard

A health hazard exists when defects significantly affect health (e.g. severe mold infestation, dangerous pollutants or no heating in winter). Documentation is decisive here: photos, dates, medical or public health office reports and witness statements form the core material for your claims under tenancy law (^[1]).

What to do first

Act quickly and methodically. Report the defect to the landlord in writing, set a reasonable deadline for remediation and keep written records of responses.

• Take photos and videos with dates and brief descriptions.
• Send a written defect notice to the landlord and archive copies.
• Set and document deadlines (e.g. 14 days) and appointments.
• Contact the public health office or a doctor for acute health concerns.

Collecting evidence

Collect evidence systematically: clear photos, measurement protocols (e.g. moisture or mold reports), medical certificates and witness statements increase your chances of success.

• Photos/videos: multiple angles, date stamp and short note on location and circumstances.
• Attach medical certificates or letters from the public health office.
• Obtain expert reports from specialists or tradespeople if necessary.
• Collect witness names, contacts and short written statements.

Forms and deadlines

Use clear, simple wording in correspondence. There are sample templates for terminations or formal reminders; a sample termination letter can help meet deadlines and formal requirements. Observe statutory deadlines for rent reduction or extraordinary termination.

If it goes to court

If disputes remain unresolved, the local court (Amtsgericht) is competent; lawsuits follow the rules of the Code of Civil Procedure (ZPO) (^[2]). In complex cases, decisions of the Federal Court of Justice (BGH) influence the interpretation of tenancy law (^[3]).

FAQ

How do I prove mold as a health hazard?

Photo documentation, written defect notice, medical notes and, if necessary, an expert report together form robust evidence.

Can I reduce my rent if there is a health risk?

In certain circumstances yes, but the rent reduction must be justified and documented; inform the landlord in writing and set a remediation deadline.

Which court is competent for an eviction lawsuit?

For disputes about rent and eviction, the local court (Amtsgericht) is competent in the first instance.

How-To

1. Create and date photo and video evidence.
2. Send a written defect notice with a deadline to the landlord.
3. If there is no response, document the deadline and consider rent reduction.
4. Inform the public health office or your doctor and obtain written statements.
5. If necessary, file a lawsuit at the local court under ZPO procedures.

Help and Support

• BGB §§535–580a (Tenancy Law)
• Federal Ministry of Justice (forms and guidance)
• Federal Court of Justice (BGH)

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1. [1] BGB §§535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH)