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Rental defects in Germany: what you can do as a tenant – report, reduce rent, repair

Mould in the bathroom, the heating breaks down, a window leaks: defects in your flat are annoying, but as a tenant in Germany you have clear rights. What matters is that you proceed correctly. Here you can find out what counts as a rental defect (Mietmangel), how to report it and what options you have if your landlord does not respond.

What counts as a rental defect?

A rental defect exists if the actual condition of the flat differs from the condition agreed in the lease and you cannot use the flat as intended. Typical examples:

• damp and mould
• broken heating or no hot water
• water damage
• leaking windows or doors
• faulty electrical installations
• considerable noise, for example from construction work

Not a defect in the legal sense are minor cosmetic flaws that hardly affect use, and damage you caused yourself.

In principle, your landlord is obliged to keep the flat in the agreed condition and to repair defects (Section 535 BGB).

Defects when you move in

Check the flat carefully at handover and record all defects in a handover protocol (Ãœ²ú±ð°ù²µ²¹²ú±ð±è°ù´Ç³Ù´Ç°ì´Ç±ô±ô). This matters: if you already know about a defect when signing the lease and sign anyway without reserving your rights, you usually cannot reduce the rent or claim damages for this defect later (Section 536b BGB).

You can find a template and tips in our article Handover protocol: template, contents and tips.

How to report defects correctly

As soon as you notice a defect, you must report it to your landlord without delay (Section 536c BGB). If you do not report it, you cannot reduce the rent for the period before the report and may even be liable for consequential damage, for example if water damage spreads.

Do you live in a sublet, for example in a shared flat (WG)? Then report the defect to your main tenant. They have to inform the landlord. If they fail to do so, they may be liable to you for damages.

Reducing the rent

As long as a significant defect exists, the rent is reduced by law (Section 536 BGB). You do not have to apply for the reduction, and your landlord does not have to agree to it. However, you must have reported the defect.

How much can the rent be reduced?

The amount depends on how much the use of the flat is impaired. For minor impairments it is a few percent, if the flat is uninhabitable it can be up to 100 %.

Online you will find rent reduction tables with fixed percentages for individual defects. These figures come from individual court rulings and are only a rough guide. Courts always decide case by case, depending on duration, extent and time of year.

The risk of reducing too much

If you reduce the rent too much or the defect turns out not to be one, you build up rent arrears. Your landlord can then demand back payment and, if the arrears are high enough, even terminate without notice. Our article Terminating a lease without notice in Germany explains when that is possible.

The safe alternative: paying rent under reservation

If you are unsure how much you may reduce the rent, keep paying the full amount and inform your landlord in writing that you are paying under reservation (unter Vorbehalt) because of the defect. This way no arrears arise, and you can claim back the overpaid amount later once the reduction has been clarified.

Important: if you pay the full rent for a long time despite knowing about the defect and without declaring a reservation, you may no longer be able to claim back the money for that period.

Repairing defects yourself: reimbursement of expenses

If your landlord stays inactive, you may, under certain conditions, have the defect repaired yourself and claim the costs back from them (Section 536a (2) BGB).

Requirements

1. Defect reported: Your landlord has been informed about the defect in a way you can prove.
2. Deadline expired: You set a reasonable deadline for the repair, and it passed without a response. Your landlord is then in default.
3. Necessary costs: Only costs that were genuinely necessary and reasonable for the repair are reimbursed – no upgrades or luxury solutions.

Instead of paying in advance, you can also ask your landlord for an advance payment for the repair.

Emergencies: act immediately

If an immediate repair is necessary to prevent greater damage to the flat, you may hire a tradesperson without setting a deadline. Typical cases:

• a burst water pipe with risk of consequential damage
• heating failure during frost
• faulty power lines posing a safety risk

Even in an emergency, try to reach your landlord or property management, and inform them immediately afterwards at the latest.

Claiming the costs back

Keep all invoices, document your communication with your landlord and submit a written statement of costs, together with proof of your defect report and a short explanation of why the repair was necessary.

Damages

If the defect causes you damage, for example furniture damaged by water, you may be able to claim damages (Section 536a (1) BGB). This is possible if

• the defect already existed when the lease was signed,
• your landlord is responsible for the defect, or
• your landlord is in default with the repair.

Termination without notice as a last resort

If a defect makes the flat uninhabitable or endangers your health and your landlord does not repair it despite a deadline, you can terminate the lease without notice. Our article Terminating a lease without notice in Germany explains how to proceed and what to watch out for.

Where to get help

Especially when it comes to the amount of a rent reduction, getting advice is worthwhile, for example from your local tenants' association (Mieterverein) or a lawyer specialising in tenancy law (Fachanwalt für Mietrecht). You can find an overview of your rights in our article Tenancy law in Germany: general information for tenants.