Mangelanzeige: reporting a defect and getting it repaired
How to report damage in your rented flat with a Mangelanzeige (defect notice), so that you keep your rights.
Tell the landlord about damage at once, in writing with the date and photos, and set a deadline of about 14 days. You can only repair the damage yourself if the landlord is in default or there is an emergency.
How to report a defect properly
Nearly every other right you have depends on the Mangelanzeige. These points make sure you can rely on it later.
- 1
Report without delay
Report the damage as soon as you notice it, without culpable hesitation.
- 2
Take photos
Photograph the damage and the room around it.
- 3
Report in writing
Telling the landlord in person counts too. But for proof, always report in writing.
- 4
Note the date
Write down when you reported the damage, because the notice counts from the day it reaches the landlord.
- 5
Set a deadline
Give the landlord about 14 days for ordinary damage. If the heating fails in winter, give only a few days.
- 6
Do not rush to repair it yourself
You can only repair the damage yourself if the landlord is in default or there is an emergency.
Why this matters
Under § 535 Abs. 1 BGB, the landlord must keep the flat fit for use. But under § 536c BGB, you must report a defect without delay. If you do not, you can lose the rent reduction, compensation and the right to terminate.
General information, not legal advice.
Frequently asked questions
Does a Mangelanzeige have to be in writing?
No, a Mangelanzeige needs no particular form, and even telling the landlord in person counts. For proof, always report in writing, with the date and photos. If you report too late, you can lose the rent reduction, compensation and the right to terminate (§ 536c Abs. 2 BGB).
My landlord will not repair the defect. What deadline do I have to set?
Set a reasonable deadline, about 14 days for an ordinary defect. If the heating or hot water fails in winter, only a few days or immediate help is reasonable (§ 536a Abs. 2 Nr. 2 BGB).
Can I do the repair myself and deduct the cost from the rent?
You can only do the repair yourself at the landlord's cost if the landlord lets the deadline pass after your notice, or if there is a real emergency (§ 536a Abs. 2 BGB). Otherwise you usually get nothing back.
Also in this topic: Schönheitsreparaturen: must I renovate when moving out?Moved into an unrenovated flat? What you must proveAll guides: Rights & duties
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