Discovering a Defect After Moving In: What Actually Matters

A moldy patch behind the wardrobe, a heater that never quite gets warm in the first cold autumn: if you discover a defect like this only weeks after moving in, you don't automatically have a right to reduce your rent. What matters is how quickly the defect gets reported to the landlord.

The statutory duty to report

Under Section 536c BGB, a tenant has to report a defect that arises or is discovered during the tenancy to the landlord without delay. "Without delay" means without culpable hesitation, not instantly at any cost, but also not put off for weeks. The more serious the defect, for example an acute risk like water damage, the more urgently it has to be reported, in a real emergency even by phone rather than in writing.

What happens if you don't report it

If a defect isn't reported, or reported late, the tenant loses the right to a rent reduction under Section 536 BGB for that period. On top of that, the tenant can become liable for damages to the landlord if the damage grew worse because of the delayed report, for example if a small damp patch turns into widespread mold after months of silence.

Why written notice is still the better choice

A defect notice can be given informally, even verbally or by phone. For a potential dispute, though, a written notice by email or letter is considerably safer, because in a dispute the landlord has to prove the reporting duty was violated, while the tenant is well advised to be able to prove their notice was received. A time-stamped photo alongside the written notice provides extra protection.

The difference from the handover protocol

A handover protocol drawn up at move-in only documents defects already visible at that point. A defect that only appears or becomes visible later, for example a heater that only shows its weakness in winter, doesn't fall under the handover protocol, but under the ongoing reporting duty under Section 536c BGB, which applies for the entire tenancy.

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Frequently Asked Questions

What does "without delay" mean for reporting a defect?

Without culpable hesitation. How quickly you specifically need to report depends on how urgent the defect is.

What do I lose if I don't report a defect?

The right to a rent reduction for the affected period under Section 536 BGB, plus possible liability for damages if the damage grew worse.

Does the defect notice have to be in writing?

No, it's informal. But a written notice is easier to prove than a verbal one.

Does the handover protocol also cover defects that appear later?

No, the handover protocol only records the condition at move-in. Defects that appear later fall under the ongoing reporting duty under Section 536c BGB.