Tenants' Rights: Legionella Testing in Germany

As a tenant in Germany, discovering legionella in tap water can be unsettling. Here you get concise, practical information about reporting duties, who may bear costs, and which immediate steps to take to protect health and living quality. The text explains in plain language when to inform the health authority, what duties the landlord has under the law, and how to secure evidence. The aim is to make you able to act: clear tips on documentation, deadlines and legally safe procedures for acute findings or recurring problems in older buildings. This information is aimed at tenants without legal background and refers to the legal situation in Germany.

What tenants need to know

Legionella in drinking water are covered by the Drinking Water Ordinance; landlords and operators of drinking water systems have monitoring and remediation duties^[1]. For tenants this means: report anomalies (changes in smell, taste, health symptoms) to the landlord and, if necessary, to the responsible health authority. The German Civil Code regulates the landlord's obligations to maintain the rented property and permitted rent reductions in case of impairments^[2].

Who reports and who pays?

In principle the landlord notifies the specialist company and authorities first; tenants should immediately report in writing, document measurements and set deadlines. If the landlord fails to fulfill obligations, the tenant can enforce rights such as repair, advance payment of costs or rent reduction under the BGB^[2].

• Written defect notice to the landlord with date and description.
• Immediate information to the health authority if there is an acute health risk.
• Note and keep photos, timestamps and names of witnesses.

Practical steps on suspected legionella

If you suspect legionella, act promptly: inform the landlord in writing, demand an inspection of the system and, if necessary, disinfection or remediation of affected pipes. If the landlord does not react, you can involve the health authority or consider legal measures; lawsuits and applications must follow civil procedural rules, with deadlines and formal requirements under the Code of Civil Procedure^[3].

Documentation and evidence preservation

Good documentation increases your chances in negotiations or court. Collect:

• Correspondence with landlord and contractors.
• Photos, date-time stamps and witness statements.
• Invoices and laboratory results after any sample collection.

FAQ

1. Do I have to report legionella as a tenant?

As a tenant you should immediately report suspected cases to the landlord; in case of acute health risks, also inform the local health authority.

2. Who pays for inspection and remediation?

In principle the landlord is responsible for maintenance; cost assumptions depend on cause and liability, possibly pursuant to BGB rules^[2].

3. Can I reduce the rent?

Yes, in case of significant impairment of habitability a rent reduction may apply; document the extent and duration of the defect.

How-To

1. Step 1: Inform the landlord in writing immediately and set a deadline for inspection.
2. Step 2: If no response, notify the health authority and obtain written confirmation.
3. Step 3: Collect evidence (photos, witnesses, lab results) and secure all documents.
4. Step 4: If needed, consider legal steps; the local district court handles tenancy disputes.

Key Takeaways

• Notify the landlord and health authority promptly.
• Documentation secures your rights.
• The landlord typically bears remediation costs.

Help and Support / Resources

• Drinking Water Ordinance (TrinkwV 2001) — gesetze-im-internet.de
• German Civil Code (BGB) §§535–580a — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de

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1. [1] Trinkwasserverordnung (TrinkwV 2001) — gesetze-im-internet.de
2. [2] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de