Tenants: Remove Mold with Photo Evidence in Germany

As a tenant in Germany, mold in the living space is a common point of conflict. This practical guide explains in clear terms how to document mold visibly and legally, create photo evidence and send a formal defect notice to the landlord. You will learn which deadlines to observe, when a rent reduction is possible, and which local courts or laws are relevant. The guide helps you date photos correctly, record damages and prepare required template letters. If necessary, we also explain how to prepare evidence for lawyers or courts and which documents you can present to the local court.

Step-by-step: Documenting mold correctly

Documentation is the basis for any successful complaint. Photograph the mold from multiple angles, take detail shots and overall room views. Note the date, time and location of each image. Name files clearly (e.g. "bathroom-northwall-2025-08-01.jpg") and store copies in two places (e.g. cloud and USB stick). A formal defect notice to the landlord should reference photos and set a deadline for remediation.^[1]

• Take photos from different angles and save them with dates.
• Send a written defect notice to the landlord and document receipt.
• Set and record a reasonable deadline for remediation (e.g. 14 days).
• In case of acute health risk, inform a specialist company immediately and document emergency measures.
• Check whether rent reduction or reimbursement by the landlord is possible.

What belongs in a defect notice?

An effective defect notice contains a clear description of the problem, exact locations, dated photo references and a remediation deadline. Request a written confirmation of receipt from the landlord. If there is no response, announce the next steps (e.g. setting a deadline with the threat of rent reduction).

Rights, deadlines and possible consequences

Fundamentally, the German Civil Code regulates the landlord's duties, in particular §§ 535–580a BGB.^[1] If the landlord fails to fulfill maintenance obligations, the tenant may under certain conditions reduce the rent or carry out repairs and demand reimbursement after the deadline expires. In court disputes, the rules of the Code of Civil Procedure apply.^[2]

FAQ

Who pays for mold remediation?

In general, the landlord is responsible for remedying structural mold unless tenant-caused damage is proven. Document cause and damage with photos and request repair via a defect notice.^[1]

How do I create legally secure photo evidence?

Use clear, dated shots from different perspectives, name and store files clearly, and send copies with your defect notice to the landlord.

When can I reduce the rent?

A rent reduction is possible when habitability is impaired and the landlord does not act despite a defect notice. Courts decide exact amounts; documented evidence increases your chances.^[3]

How-To

1. Take photos: wide-angle and detail shots, note date and location.
2. Write a defect notice: name the problem, evidence and set a deadline.
3. Wait for the deadline: document response or remediation.
4. In case of danger, arrange immediate measures: hire a specialist and keep invoices.
5. Check rights: consider rent reduction or preparing legal steps.
6. Court resolution: file suit at the competent local court if disputes persist.^[2]
7. Seek advice: consult legal counsel or tenant support organizations.

Help and Support / Resources

• Local court (Amtsgericht): jurisdiction for tenant disputes — Justice Portal
• Laws: BGB §§535–580a — German Civil Code
• ZPO: Code of Civil Procedure — Rules for court proceedings
• Federal Court of Justice (BGH) — Decisions on tenancy law

1. [1] Laws: BGB — German Civil Code
2. [2] Laws: ZPO — Code of Civil Procedure
3. [3] Federal Court of Justice — Decisions and guidance
4. [4] Federal Ministry of Justice — Information and forms