The landlord is not responding to the defect notice: what you can do now

Check first: did the notice actually arrive?

Before escalating, settle the least dramatic possibility: the landlord never saw the letter. Without delivery no deadline runs, and every further step stands on sand.

If you cannot establish delivery, repeat the notice now in a provable way — by Einwurf-Einschreiben or through a messenger who can testify to the drop. Set a new deadline in it with a specific date. That costs a few days and is markedly cheaper than a lost case.

The six options at a glance

1. 1Rent reduction: it arises by operation of law and is the first and most important lever. You need no consent from the landlord for it.
2. 2A second deadline with a warning: a second letter naming the consequences concretely moves more, in experience, than the first.
3. 3Right of retention: beyond the reduction you can provisionally withhold a further part of the rent to build pressure.
4. 4Self-remedy under § 536a Abs. 2 BGB: you have the defect fixed yourself and recover the costs.
5. 5Court action to compel repair: the route when the substance is at stake and the landlord blocks permanently.
6. 6Termination without notice under § 543 BGB: only for serious defects and as a last resort.

Rent reduction: the lever you have immediately

The reduction is the only response for which you need nobody. It arises automatically as soon as a significant defect exists and the landlord knows about it. No approval is required, and a clause in a residential tenancy agreement excluding the right to reduce is void under § 536 Abs. 4 BGB.

The safe route is nevertheless to pay under protest at first and reclaim the overpayment later. Reduce too far and build arrears of two months' rent and you risk termination without notice under § 543 Abs. 2 Nr. 3 BGB — a risk that bears no relation to the few percent someone misjudged.

Right of retention: pressure beyond the reduction

Alongside the reduction you can retain a further part of the rent for as long as the defect lasts. Unlike the reduction this is not a final deduction: the retained amount is paid over as soon as the defect is fixed. Its sole purpose is to build pressure.

There is no statutory rule on the amount; in practice three to five times the monthly reduction is often quoted. Courts assess it differently and the boundaries are blurred.

Announce the retention expressly and call it what it is. Anyone who silently transfers less paints the picture of a defaulting tenant for the landlord — and a termination risk for themselves.

Self-remedy: having the defect fixed yourself

Under § 536a Abs. 2 BGB you may have the defect fixed yourself and claim the necessary expenses — but only in two cases: where the landlord is in default with the repair, or where immediate repair is necessary to preserve or restore the rented property.

Default presupposes that you set a deadline and that it passed without result. Document both without gaps: the letter, the proof of delivery, the end of the deadline.

Before instructing anyone, obtain at least two quotes and do not pick the most expensive contractor. You are reimbursed only for what was necessary — anything beyond that stays with you.

Court action to compel repair

If the landlord stays inactive permanently and this is more than a trifle, you can enforce the repair through the courts. The claim follows from § 535 Abs. 1 Satz 2 BGB: the landlord owes the flat in a condition fit for the agreed use, and for the entire duration of the tenancy.

Where there is danger in delay — winter without heating, say — an interim injunction comes into consideration, which is markedly faster than ordinary proceedings.

Check your legal expenses insurance beforehand and, if you have one, your membership of a tenants' association. Both as a rule cover exactly these cases, and the advice there is the most sensible next step before going to court.

Termination without notice: only in earnest

If the agreed use of the flat is withheld from you entirely or to a significant extent, you can terminate without notice under § 543 Abs. 2 Nr. 1 BGB. In principle the condition is a deadline for a remedy that passed without result, or a formal warning.

This is the sharpest step and comes into consideration only for serious defects — massive mould growth, say, or a heating failure lasting months. If a termination later turns out to be unjustified, you are liable for the damage.

Where to get support

• Tenants' associations (Mieterverein): membership usually costs a low two-figure sum a year and includes legal advice. For disputes already running there is often a waiting period — which is why joining pays off before things catch fire.
• Legal expenses insurance with a tenancy law module: check the cover and report the case early.
• A lawyer specialising in tenancy law: fees for an initial consultation are capped by statute.
• Consumer advice centres (Verbraucherzentrale): they advise on tenancy questions for manageable fees.
• The public health office (Gesundheitsamt): with mould or vermin, an inspection on site can supply strong evidence.

Frequently asked questions