Defect notice with rent reduction (Germany)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The letter a tenant in Germany uses to report a defect in the rented flat — mould, a heating failure, water damage, broken windows — and to claim a rent reduction. Reporting is a duty: without it the reduction is lost to the extent the landlord could have fixed the defect (§ 536c of the German Civil Code, BGB). The letter describes the defect, sets a deadline for repair, bases the reduction on the gross rent, lets the tenant choose between paying in full under reservation (the safer route) and paying less at once, and announces set-off under § 556b(2) BGB. In German, to print, sign and send.
What you fill in
The details the document asks for.
- Tenant
- Tenant's address
- Landlord
- Landlord's postal address (street, then postcode and town on the next line)
- City
- Date
- Address of the property
- Date of the contract
- Date the defect appeared
- Defect
- Affected rooms
- Deadline to fix
- Contact phone
- Amount of rent
- Reduction you consider fair, in % of the gross rent
- How you will pay the rent meanwhile: in full under reservation (safer), or reduced
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Does a tenant in Germany have to apply for a rent reduction?
- No. While a defect impairs the flat's fitness for use, the rent is reduced by law, without any application or the landlord's consent (§ 536(1) BGB). But the defect must be reported without delay. A tenant who fails to do so loses the reduction to the extent the landlord could not remedy the defect as a result, and is liable for the damage that follows (§ 536c BGB). This letter is that report.
- How large may a rent reduction in Germany be?
- No statute sets percentages; what counts is how far the defect impairs use of the flat. Tables online collect court decisions and are only guides, so the document leaves the figure to you. The reduction is calculated on the gross rent, including the service-charge advances (Federal Court of Justice). Beware of cutting too much: arrears built up that way can justify termination for non-payment.
- What does paying rent under reservation mean in Germany?
- The tenant keeps paying the full rent but reserves the right to claim back the amount of the reduction. That way no arrears arise if the reduction turns out smaller than expected. The claim can later be set off against future rent if this was announced in text form at least one month before the rent falls due (§ 556b(2) BGB) — and the letter contains that announcement.
- May a tenant in Germany have the defect repaired and charge the landlord for it?
- Only if the landlord is in default with the repair, or if immediate repair is needed to preserve or restore the flat (§ 536a(2) BGB). The deadline in the letter is there to put the landlord in default. Allow access to the flat during that time: a tenant who prevents the repair loses both the reduction and the right to withhold rent.
- How can a tenant in Germany make sure the defect notice reaches the landlord?
- The notice needs no form, and an e-mail is enough if it arrives. Because in a dispute the tenant must prove that and when the landlord learnt of the defect, the safest way is to hand the letter over against a signed receipt, or have a messenger who has read it post it. The tracking status of an Einwurf-Einschreiben does not prove receipt on its own (BAG 2 AZR 68/24). Dated photos go with it as an enclosure.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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