Tenants: Silicone Seals & Moisture Damage in Germany
As a tenant in Germany you may be unsure who is responsible for silicone seals, mold or moisture damage when moving out. These issues touch on cosmetic repairs, maintenance obligations and possible deductions from the security deposit. This article explains in practical terms when seals count as wear, when moisture is a defect, how to document damage and which deadlines and official rights apply. I list relevant statutory references, useful action steps for the handover and guidance on resolving disputes at the local court. This helps you negotiate with the landlord calmly, avoid unnecessary costs and effectively assert your rights as a tenant in Germany. Read on for sample wording, deadline examples and tips for dealing with mold, plus links to official laws and court decisions.
Who is responsible for silicone seals & moisture?
Distinguish between normal wear (e.g. discolored seals) and defects affecting function (e.g. leaking seals, mold). Under the BGB the landlord is responsible for maintenance when the rented property is defective.[1] Minor cosmetic repairs can be agreed in the lease but must be validly stipulated.
Before the handover
Follow these steps to avoid charges:
- Report defects in writing (notice) and set a deadline for correction.
- Take photos with date and location (evidence).
- Set clear deadlines (deadline) and document the start of the period.
- If leaking, hire a qualified tradesperson or obtain a cost estimate (repair).
- Prepare a handover protocol and have the landlord sign it (record).
Legal steps and court
If the landlord does not respond, tenants can seek rent reduction or replacement performance; disputes fall to the local court and the Civil Procedure Code.[2] In specific cases a Federal Court of Justice ruling can be decisive.[3]
Frequently Asked Questions
- Do I have to renew all silicone seals when moving out?
- Not automatically. Only if the lease contains a valid refurbishment obligation or the seal causes damage may this be required.
- Can I reduce rent because of mold?
- Yes, if mold reduces usability or the landlord fails to remedy it; examine the specific case and document the defect.[1]
- How important is a handover protocol?
- Very important: a signed protocol documents condition and protects against later claims.
How-To
- Photographically document the damage (evidence).
- Send a written defect notice to the landlord (notice).
- Set a repair deadline (deadline) and prove receipt.
- If needed, obtain a tradesperson's quote and compare costs (repair).
- If disputed, consider proceedings at the local court and prepare documents (court).
Key takeaways
- Careful documentation protects against unjustified claims.
- Not every seal must be renewed; functional defects matter most.
- Observe or set deadlines to enforce claims.
