Tenants: Silicone Seals & Moisture Damage in Germany
What tenants should know about silicone seals and moisture
Damaged or leaking silicone seals are a common cause of moisture damage in apartments. Moisture can penetrate walls and plaster, lead to mold formation and impair living quality. It is essential to distinguish whether it is normal wear, improper use or a maintenance issue. Rights and obligations are governed by the German Civil Code (BGB), especially regarding defects and rent reduction.[1]
How to document moisture damage and silicone seals
Documentation is the most important protection for tenants. The more precisely the date, location and extent of the damage are specified, the better claims can be asserted. Use photos, date notes and a written defect notice to the landlord.
- Take photos: several shots from different angles and close-ups of the seal.
- Note the date: record discovery date and all follow-up appointments in writing.
- Write a defect notice: brief, precise, set a deadline for repair.
- Witnesses and cohabitants: record names and statements if possible.
Entry in the handover protocol
When moving in or out, the recording of moisture damage and damaged silicone seals belongs in the handover protocol. Describe the damage precisely (location, extent, photos as attachments) and request the landlord's or handover person's signature. Avoid vague wording and also document if the landlord made a verbal promise to repair.
- Precise wording: "leaking silicone seal at the shower niche left, joint crack approx. 3 cm".
- Attach photos: reference photo IDs in the protocol (e.g. Photo 1–3).
- Location and date: note signature and date of the handover.
When is the landlord liable and when the tenant?
In principle, the landlord must keep the apartment in a contractually agreed condition and remedy defects. Small cosmetic repairs can be contractually assigned to the tenant, but must not be unreasonable under the law. For moisture damage caused by structural defects, the landlord is usually responsible. For improper use, the tenant may share liability. For disputes about cost bearing, rent reduction or remediation, civil law rules and the Code of Civil Procedure (ZPO) are relevant.[1][2]
Practical steps if the landlord does not respond
If the landlord does not respond, document deadlines and reminders in writing. Set a reasonable deadline for repair and, if necessary, announce that you will remedy the defects yourself and offset the costs against the rent (only after legal review). For major damage, a rent reduction may be considered; the calculation depends on the extent of the impairment.
Legal steps and courts
For tenancy disputes, local courts (Amtsgerichte) are often the first instance. For claims on eviction, rent reduction or damages, the rules of the ZPO are important; in more serious cases, decisions by the Federal Court of Justice (BGH) may be relevant.[4][2][3]
FAQ
- Who pays for renewing silicone seals?
- If the leak is due to normal wear or improper use, the individual case decides; for structural defects the landlord usually covers the costs.
- Is a photo enough for a rent reduction?
- A photo is important but may not be sufficient alone; date, scope, written defect notice and, if necessary, an expert opinion improve the evidence.
- How quickly must the landlord react?
- The landlord must react promptly; specific deadlines depend on the damage and should be set in writing.
How-To
- Within 14 days of discovery: photograph the damage and report it in writing.
- Compile photos and notes: location, size and date in one file.
- Send a defect notice: set a deadline for remediation and request confirmation of receipt.
- Wait for the deadline: if there is no response, send reminders with a new deadline.
- If necessary: prepare a lawsuit or payment claim at the competent local court.
