Why delivery decides what you get back
The reduction arises under § 536 BGB by operation of law as soon as a significant defect exists. But you can generally only enforce it from the landlord's knowledge, and you create that knowledge with the notice. The moment it is delivered is therefore the day the count begins.
A defect notice is a declaration that requires receipt. Under § 130 Abs. 1 BGB it takes effect only when it reaches the recipient — that is, enters his sphere of control such that under ordinary circumstances he can take note of it. For a letter that is the drop into the letterbox at the usual collection time.
And the burden of proof is yours. If the landlord denies ever receiving anything, you have to establish delivery. If you cannot, the reduction for the entire preceding period is up for grabs — even where the defect was undisputed.
A common misunderstanding: it is not sending that counts but arriving. A letter you can prove was dropped in gives you everything; one you can prove you sent gives you almost nothing.
The delivery routes compared
All of the following routes are legally permissible — § 536c BGB prescribes no form. They differ solely in what you hold in your hand if it comes to a dispute.
| Route | Evidential value | When it makes sense |
|---|---|---|
| Low. The send report proves sending, not receipt. A read receipt can be suppressed by the recipient. | As a quick supplement, never as the only route | |
| Ordinary letter | No proof. Neither the delivery nor the contents are established. | Where the relationship is good and nobody is arguing |
| Einwurf-Einschreiben | Good. The drop into the letterbox is documented and traceable. | The practical standard route |
| Übergabe-Einschreiben (against signature) | Risky. If the landlord does not collect it, it counts as precisely not delivered. | Better not — see below |
| Messenger with a witness | Very good. The messenger can testify to the contents and to the delivery. | Where there is someone you trust |
| Handing it over against a receipt | Very good, if the landlord signs. | Where there is direct contact |
Why registered post against signature is the worse choice
It sounds contradictory at first: of all things, the most elaborate form of postage is the least reliable one for a defect notice. The reason lies in how it is delivered.
If the postal worker does not find the recipient, all they leave is a collection slip. That slip does not effect delivery — it is not the declaration, only a notice that one is waiting. If the landlord does not collect the item, it goes back to you after the storage period, and in law nothing has happened.
Einwurf-Einschreiben has no such gap. The item is dropped into the letterbox like an ordinary letter, and that drop is exactly what gets documented. Delivery therefore takes effect regardless of whether the landlord empties the box.
If you want to be entirely safe, combine the two: Einwurf-Einschreiben as solid proof, plus an email with the same text so the information also reaches the landlord quickly.
What to document besides delivery
- A copy of the letter in exactly the version you sent.
- The date of posting and, with an Einwurf-Einschreiben, the item number with the delivery record.
- Photos or videos of the defect with a legible date, ideally continuously across the whole period.
- A simple defect log: date, time, observation. With noise or a heating failure this is the single most important piece of evidence.
- The names of possible witnesses, for instance flatmates or neighbours who can confirm the condition.
Who the notice has to go to
The addressee is the landlord, that is your counterparty under the tenancy agreement — not automatically the owner, and not the caretaker. If a property manager is involved and named in the agreement as representative, you can serve them; when in doubt send the letter to both.
Where there are several landlords on the landlord's side — a community of heirs, say — the declaration must reach all of them. If the agreement names someone authorised to accept service, that one address is enough.
If you yourselves are several tenants under the agreement, all of you should sign the notice or at least visibly agree to it. That avoids the argument over whether one was entitled to act for all.
Frequently asked questions
Is a defect notice by email enough?
Legally yes, since § 536c BGB prescribes no form. In practice email is weak: the send report only proves that you sent it, not that it arrived. If the landlord denies receipt you are left without proof. Use email as a quick supplement, not as your only route.
Is an Einwurf-Einschreiben a registered letter with signature?
No. With an Einwurf-Einschreiben what gets documented is that the item was dropped into the letterbox. The recipient does not sign. For a defect notice that is the advantage: delivery takes effect on the drop and does not depend on the landlord collecting anything.
When does a letter count as delivered?
When it has entered the recipient's sphere of control such that, under ordinary circumstances, one can expect it to be noticed. For a drop into the letterbox that is the time of the usual collection — so for a drop in the late afternoon, regularly the following day.
What do I do if the landlord denies receiving it?
Then you need your proof: the delivery record of the Einwurf-Einschreiben, the messenger's testimony, or the signed receipt. If you have neither, the only option left is to repeat the notice immediately and provably. That secures the reduction going forward; for the past, usually not.
Do I have to sign the defect notice?
A handwritten signature is not required, because the law does not call for written form. It never hurts, though, and makes the letter unambiguously attributable to you.
Can I have the defect notice sent for me?
Yes. You can create the defect notice here free of charge and then have us print it and send it by post to your landlord — either as a letter or as an Einwurf-Einschreiben with documented delivery. The free download stays yours in any case.
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Start now for freeMore guides
- Writing a defect notice (Mängelanzeige): template, required details and deadlines
- Calculating a rent reduction: formula, examples and the basis of calculation
- Paying rent under protest: the safe route to a rent reduction
- Retroactive rent reduction: when you can get money back
- When a rent reduction is excluded: 7 grounds
- The 10 most common mistakes in reducing rent
- The landlord is not responding to the defect notice: what you can do now
This article provides general information and does not constitute legal advice (Rechtsberatung). Despite careful research, no guarantee can be given for accuracy, completeness or timeliness. For specific legal questions, contact a tenants' association (Mieterverein) or a lawyer specialising in rental law.