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Legionella in hot water: your rights as a tenant

Legionella are bacteria that can multiply in warm drinking water and become dangerous when fine droplets are inhaled (for example while showering). Landlords of larger systems must have the hot water tested regularly. If limit values are exceeded, measures are mandatory.

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Operators of drinking-water systems with large hot-water preparation systems must have them tested for legionella regularly (Drinking Water Ordinance). If the technical action value is exceeded, a hazard analysis and remediation are required.
If the water represents a health hazard or use is restricted, a defect of the rented property may exist that entitles you to a rent reduction (§ 536 BGB).

What you should do now

  1. 1

    1. Demand information

    Ask the landlord for the results of the legionella test and for measures.

  2. 2

    2. Take the hazard seriously

    In case of acute danger, follow the health office's instructions (for example a showering ban) and protect at-risk persons.

  3. 3

    3. Report the defect

    Report an impairment in writing and demand prompt remediation.

  4. 4

    4. Check a reduction

    With a significant restriction you can reduce the rent appropriately and under reservation.

How to spot the scam

  • Despite inquiry, the landlord provides no test results.
  • Despite exceeded values, no measures are taken.
  • A health hazard is played down.

Frequently asked questions

Must the landlord test for legionella?

For multi-family houses with large hot-water preparation systems, the Drinking Water Ordinance prescribes regular tests. If limit values are exceeded, the landlord must clarify the cause and remediate the system.

May I reduce the rent because of legionella?

If the water quality significantly restricts use or there is a health hazard, a defect may exist that entitles you to a reduction (§ 536 BGB). The amount and duration depend on the specific impairment.

Am I entitled to the test results?

Tenants have a legitimate interest in being informed about the water quality, especially in the case of exceedances. You can ask the landlord for the results; in case of danger, the health office also informs about necessary protective measures.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.