Tenants: Proving Elevator Failure in Germany

An elevator outage can severely disrupt daily life, especially for tenants in multi-story apartment buildings. As a tenant in Germany, you should know how to document the outage, what rights exist for rent reduction and how an emergency procedure works if quick relief is needed. This article explains clearly which pieces of evidence matter, which official forms and legal bases are relevant, and how to meet deadlines. You will also find a practical checklist with action steps, notes on court procedures and links to official authorities. The language is deliberately simple so non-lawyers can act quickly and enforce their rights against landlords and courts. Read the step-by-step guide below.

What to do in case of elevator failure?

If the elevator fails, prompt and orderly action matters. The goal is to document condition and duration, contact the landlord in writing and, if necessary, prepare an emergency procedure. Record times, damages and impacts on daily use and keep all payment receipts and communications.

• Take photos and videos (photo video) as evidence and timestamp them.
• Document date and time (within days) and note start and end of the outage.
• Send a written defect notice to the landlord and keep proof of delivery (form submit).
• Keep rent payments and receipts; note any extra costs caused by the outage (rent payment).
• Consider emergency proceedings at the competent court and observe deadlines (court within).
• Contact authorities or legal advice if there are health risks (call help).

Legal basis

The landlord's maintenance obligations and the basis for rent reduction are found in the BGB, in particular the obligations in §§ 535 et seq., and the rules for rent reduction are relevant ^[1]. For urgent court measures such as interim injunctions and proceedings before the local court, the rules of the Code of Civil Procedure apply ^[2] and the local court is the first instance ^[3]. If needed, decisions of the Federal Court of Justice can serve as guidance ^[4].

FAQ

Who pays if the elevator fails?

In principle, the landlord must ensure functionality; if usability is impaired, a rent reduction is possible. Check exact percentages based on duration and severity of the defect, document everything and contact the local court or legal advice if uncertain.

How quickly can I apply for emergency proceedings?

An emergency procedure or interim injunction can be appropriate when there is immediate danger or significant disadvantages; the Code of Civil Procedure regulates form and procedure, deadlines are short and precise evidence documentation is required.

Do I have to continue paying rent?

Yes, the obligation to pay rent generally continues; however, you may reduce rent or withhold parts in case of significant defects. Document reasons and amount of reduction and inform the landlord in writing.

How-To

1. Collect evidence: take photos and videos (photo video), secure messages and witness statements.
2. Observe deadlines: notify the defect in writing immediately and document response deadlines (within days).
3. Prepare forms: draft a defect notice and, if necessary, a complaint or emergency application form (form file).
4. Contact the court: file applications at the competent local court and present evidence (court).

Help & Support

• Bürgerliches Gesetzbuch (BGB) on Gesetze-im-Internet
• Information on courts and jurisdictions on Justiz.de
• Federal Court of Justice (BGH) – Decisions and information

1. [1] Gesetze-im-Internet: BGB §535 ff.
2. [2] Gesetze-im-Internet: Zivilprozessordnung (ZPO)
3. [3] Justiz.de: Information on the local court
4. [4] Federal Court of Justice: Decisions and publications