Mangelanzeige & Forcing a Repair: Tenant Rights 2026
Mangelanzeige & Forcing a Repair: Tenant Rights
Notify without delay, that is the precondition for almost every further right (§ 536c BGB).
The landlord must keep the flat in contractual condition and remedy defects (§ 535 Abs. 1 BGB). A substantial defect reduces the rent automatically by operation of law (§ 536 BGB). You may only repair yourself where the landlord is in default or there is a genuine emergency (§ 536a Abs. 2 BGB).
§ 535 Abs. 1 BGBIn 60 seconds
The landlord must keep the flat in contractual condition throughout the tenancy and remedy defects (§ 535 Abs. 1 BGB), and that claim is enforceable in court.
Notify the defect without delay (§ 536c BGB). No form is prescribed and even oral notice is valid, but for proof always use text form with a date and photos.
Without timely notice you lose reduction, damages and the right to terminate, to the extent the landlord could not remedy because of the omission, and you may be liable for consequential loss (§ 536c Abs. 2 BGB).
The reduction takes effect automatically from the onset of the impairment; you need not announce it. It is calculated on the gross rent, not the base rent.
You may additionally withhold part of the already-reduced rent (§ 320 BGB), as a rule three to five times the monthly reduction, and only for rent falling due after the notice.
What the law says
The landlord must hand the property to the tenant in a condition fit for contractual use and keep it in that condition throughout the tenancy. From this follows the claim to have defects remedied, which § 536c BGB ties to the tenant's notice without delay. Working translation; the German original is the binding text.
What deadline is reasonable?
| Defect | Reasonable deadline (guide) |
|---|---|
| An ordinary defect (dripping tap, dead socket) | approx. 14 days |
| Heating or hot water failure (cold season) | a few days / at once |
| Acute danger (burst pipe, power failure) | at once: emergency (§ 536a Abs. 2 Nr. 2 BGB) |
Guide figures for the reduction
There is no binding table in the law; the circulating "reduction tables" are collections of court decisions for orientation.
| Defect | Reduction (guide) |
|---|---|
| Heating failure | up to 20% (up to 100% if uninhabitable) |
| Mould | approx. 5–25%, up to 100% where extensive with a health hazard |
| Water damage (extensive, not self-inflicted) | 25–30% |
| Overall range in practice | 5%, 100% |
On withholding: the amount must bear a reasonable relation to the significance of the defect (BGH, 17.06.2015 – VIII ZR 19/14), and it only arises for rent falling due after the notice (BGH, 03.11.2010 – VIII ZR 330/09).
What it means for each side
- Notify in text form, with a precise description, photos, a concrete deadline and a request to respond.
- Only repair yourself where the landlord is in default or there is a genuine emergency.
- Calculate the reduction on the gross rent, not the base rent.
- Assert the right to withhold as well. It is leverage, not a final deduction.
- Respond inside the deadline set; after it you are in default.
- Remedy acute dangers at once, in an emergency the tenant may act without default.
- Document the condition and the remedy, with dates.
- Settle withheld amounts after the repair; they are payable in arrears.
Common mistakes
You lose reduction, damages and the right to terminate, and may be liable for consequential loss (§ 536c Abs. 2 BGB).
Legally valid, but unprovable in a dispute. Always text form, with a date and photos.
Without a deadline and default, and absent an emergency, there is no reimbursement (BGH, 16.01.2008 – VIII ZR 222/06).
The reference figure is the gross rent, and an excessive reduction can trigger termination without notice (§ 543 Abs. 2 Nr. 3 BGB).
What to do next
Describe the defect and when it began, attach photos and send in text form. Do it with BildProof, about two minutes a room →
Set a reasonable deadline with a date. Immediately where there is acute danger.
When the deadline passes, weigh the options: reduction, withholding, and self-remedy where the landlord is in default.
Claim reimbursement in time: it becomes time-barred six months after the tenancy ends (§ 548 Abs. 2 BGB).
Frequently asked questions
How do I report a defect to my landlord correctly?
Report the defect unverzüglich (without culpable delay) under § 536c BGB in conjunction with § 121 BGB. No form is legally required, but for proof you should report in writing or in Textform (text form, e.g. email): describe the Mangel precisely, attach photos, and set a reasonable deadline for the repair (around 14 days for ordinary defects). In an acute emergency, report immediately, by phone if needed.
My landlord won't repair. What deadline must I set?
The law names no fixed deadline; it only has to be reasonable. The practical rule of thumb is about 14 days for ordinary defects. For heating or hot-water failure in the cold season only a few days, or immediate action, is reasonable, because it counts as an emergency (§ 536a Abs. 2 Nr. 2 BGB).
Can I do the repair myself and deduct the cost from the rent?
Only in two cases (§ 536a Abs. 2 BGB): if the landlord is in Verzug (default) with the repair (i.e. after you reported it, set a deadline and the deadline passed without action), or if immediate repair is necessary to preserve the flat (a genuine emergency). Anyone who acts on their own without Verzug is usually reimbursed nothing (BGH, VIII ZR 222/06).
Do I have to announce the Mietminderung in advance?
No. With a significant Mangel the rent is reduced automatically by operation of law, from the moment the impairment begins (§ 536 BGB). You do not have to declare the Mietminderung (rent reduction). The only precondition is that you have reported the Mangel (§ 536c BGB).
How much Mietminderung can I claim for mould or heating failure?
There is no binding table, only court guideline figures for the individual case: heating failure up to 20 % (up to 100 % if the flat is uninhabitable), mould roughly 5–25 % depending on extent, and up to 100 % for large-scale infestation that endangers health, large water damage 25–30 %. The reference figure is the Bruttomiete (gross/warm rent).
How much rent may I withhold until the defect is fixed?
On top of the reduction you may withhold part of the rent as leverage (§ 320 BGB), as a rule 3 to 5 times the monthly reduction amount. The Zurückbehaltungsrecht (right of retention) only arises for rent falling due after the Mangelanzeige (BGH, VIII ZR 330/09). Withheld amounts must be paid back once the defect is fixed.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.