Tenants are generally responsible for minor repairs, but the maintenance of the property falls under the landlord's duty. According to the German Civil Code (BGB), the landlord must ensure that the rental property is in a condition that does not exhibit significant defects and meets the contractual usage requirements.
When Can Tenants Apply for Rent Reduction?
The specific circumstances under which tenants are entitled to a rent reduction can be found in detail in § 536 of the BGB. In summary, it states:
Rent reduction is possible if the rental property has a defect that prevents it from being used as agreed.
In cases of minor impairment of usability, the full rent must still be paid.
An exception applies to energy-efficient renovations. In such cases, rent reduction is excluded for a period of three months.
The origin of the defect does not affect the tenant's right to a rent reduction, as long as the tenant is not responsible for it. Additionally, tenants must report the issue to the landlord and request repairs.
When is Rent Reduction Excluded?
As mentioned, tenants cannot cause the defect themselves. Furthermore, they forfeit their right to a rent reduction if the problems were known at the time of move-in. The landlord does not need to explicitly inform the tenant if the damage is clearly visible. Only if an existing problem was deceitfully concealed and could not have been discovered by the tenant during the apartment viewing, does the tenant retain the right to a rent reduction.
Typical Defects and Problems Leading to Rent Reduction
Various defects can justify a rent reduction. Here are some common examples, though many other causes can apply.
Noise Disturbance
Many tenants reduce their rent due to external noise disturbances. If there is constant noise disruption during quiet hours, they have the right to do so. Any noise above room level must not be tolerated between 10 PM and 6 AM. Many states also observe a midday quiet period. Noise on Sundays and public holidays must also not be tolerated. Noise disturbances can arise from various sources, such as neighbors in the building or construction noise outside. However, there is less likelihood of success regarding children's noise.
Mold
Mold in a rental apartment is not only unsightly but often emits an unpleasant odor and poses health risks. Tenants are generally allowed to reduce their rent for this reason, but only if the mold was not caused by incorrect ventilation. In some cases, an expert may need to determine the cause.
Heating Failure in Winter
Landlords must provide a means for tenants to heat their living spaces in winter. If the heating fails, the landlord should address the issue promptly to avoid significant rent reductions. At low outside temperatures, rent reduction can be as high as 100%.
Water Supply Failure
A prolonged interruption in water supply can also justify a rent reduction. Landlords should promptly arrange alternative solutions, such as a water truck. Even a failure of the hot water supply can be sufficient for a rent reduction.
Defective Mailbox
Although a minor issue, a broken mailbox makes the property less usable as agreed. The rent reduction may not be as significant as for heating or water supply failures, but it is still a valid reason.
Procedure for Handling Defects
Tenants must promptly report defects to the landlord to give them a chance to rectify the issue. This helps protect the property from further damage and prevents potential risks to life and limb. Notifications can be verbal or written, but for evidentiary purposes, a written request detailing the damage is advisable if the landlord does not act. Photos and videos can be useful for documentation, especially in legal disputes.
When is Rent Reduction Appropriate and When Should Legal Action be Taken?
The first step is always to notify the landlord of the defect. If the landlord does not fix the issue promptly, a rent reduction can follow. The landlord can reject the reduction in writing, arguing that it is too high or that the defect is minor. Tenants should consult a lawyer to enforce the reduction. The lawyer can attempt an out-of-court settlement; if unsuccessful, legal action may be necessary. Landlords can also sue if they believe the rent reduction is unjustified.
Pitfalls and Common Mistakes
Tenants can make several mistakes regarding rent reduction, including:
Reporting the defect too late, leading to additional damage, for which the landlord can claim damages.
The defect existed at move-in and both parties were aware of it.
Failing to notify the landlord about the defect and simply reducing the rent.
Notifying the landlord and unilaterally reducing the rent. Instead, they should inform the landlord in writing that future rent will be paid "under reservation" and reclaim the reduced amount later to avoid eviction due to rent arrears.
How to Calculate Rent Reduction?
The law states that the reduction should be reasonable. The BGB does not specify the amount in each case, as it depends on the severity of the impairment. Rent reduction tables, based on court rulings, provide a good reference for appropriate percentages for various defects.
What if the Apartment is Uninhabitable?
Certain damages may render the rental property uninhabitable for some time, leading to the following:
The tenant can reduce the rent by up to 100%.
The landlord can offer the tenant a replacement apartment, negating the rent reduction.
If the tenant finds their own accommodation, the landlord must reimburse the costs reasonably. The landlord may also have to provide an advance for accommodation costs.
Tips for Landlords: Proper Procedures to Avoid Rent Reductions
Rent reductions can be challenging for landlords, impacting planned income and necessitating repairs. To prevent rent reductions:
Address damages promptly, such as sending an emergency service for heating failures.
Reject rent reductions if the tenant fails to report the defect.
Verify if the defect is significant. Minor issues like hairline cracks or temporary ant infestations do not justify reductions.
Create a handover protocol during move-in to avoid disputes about pre-existing defects.
A rent appraisal can clarify disputes and help prevent or address rent reductions. The requesting party initially bears the cost.
Rent Appraisals
When disagreements arise between landlords and tenants, a rent appraisal can clarify and help prevent or address rent reductions. The requesting party initially bears the cost. It's advisable to inform the other party about hiring a neutral appraiser. Ideally, both parties agree in advance to accept the appraisal's results, often avoiding costly legal disputes.
These appraisals are based on comprehensive analyses of current market data and provide a solid foundation for agreeing on the appropriateness of the rent or the rent reduction.
Do you have any additional questions?
Contact us and we are happy to advise you.
Dr. Paul Kaplan (geb. Sobota) | Sachverständiger für Immobilienbewertung
Johannes-Hesse-Str. 44
40597 Düsseldorf-Benrath
+49 176 55 66 2343
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