Tenants: Report Gas Smell in High-Rises (Germany)

As a tenant in Germany, noticing a gas smell is an acute danger. In high-rises swift, correct action is essential: the safety of neighbors, the value of housing and your right to habitable premises are at stake. This guide explains in plain language which steps to take immediately, how to document the smell, when to inform the landlord and emergency services, and which evidence helps later in court or with authorities. We list deadlines, typical forms, responsibilities such as the local court^[2] and explain tenancy law terms practically so you can act safely and in accordance with the law. We also show how to collect photos, witnesses and measurement data, what obligations the landlord has (§535 BGB ff.)^[1] and when a rent reduction may be possible. Note time, duration of the smell and reactions — this helps in proceedings.

Immediate actions when you smell gas

If you detect a gas smell, every minute counts. Act calmly but promptly and protect yourself and your neighbors.

• Call emergency number 112 immediately and leave the building calmly and quickly. (call)
• Inform the landlord in writing and by phone; record the time and response. (notice)
• Document the smell with photos, videos and any available measurements. (record)
• Warn neighbors and follow safety instructions. (safety)

Collecting evidence & documentation

Good evidence makes later steps much easier. Collect timestamps, photos, videos, witness names and, if possible, readings from gas detectors.

• Photos and videos: document date, time and location clearly. (record)
• Witnesses: note names and contact details; collect brief written statements. (call)
• Send a written defect notice to the landlord (registered mail recommended). Keep copies. (notice)
• Record your own actions: when you informed whom and what the response was. (record)

Rights, duties and possible legal steps

The landlord is obligated under the German Civil Code (Bürgerliches Gesetzbuch, BGB) to maintain the rental property in a condition suitable for contractual use; this includes safe gas installations (§535 BGB ff.)^[1]. If the landlord does not respond, tenants can set a deadline for remedy and involve the authorities or consider legal action.

Legal disputes are typically handled by the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice (Bundesgerichtshof).^[2]

FAQ

What should I do first if I notice a gas smell?

Call emergency number 112, leave the building, inform the landlord and collect evidence.

Can I reduce my rent if the smell persists?

A rent reduction may be possible if usability is impaired; document the defect and deadlines carefully and assess further actions.

Who decides disputes about remediation or rent reduction?

The local court typically decides tenancy disputes; higher instances are the regional court and the Federal Court of Justice.^[2]

How-To

1. Call emergency number 112 and leave the building safely. (call)
2. Take photos, videos and timestamps; name witnesses. (record)
3. Send a written defect notice to the landlord and document receipt. (notice)
4. If no remedy occurs, consider legal action at the local court or seek legal advice. (court)

Key takeaways

• Immediate action protects lives and preserves evidence.
• Detailed documentation is crucial for disputes or claims.
• Inform emergency services and the landlord without delay.

Help and Support

• §535 BGB – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Federal Network Agency – Home

1. [1] §535 BGB – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesnetzagentur – Startseite