Reducing the rent – ​​is it really that easy?

Only serious defects will be acknowledged.

Apartment defects and rent reductions are a frequent source of conflict between landlords and tenants. Around 300,000 disputes are litigated annually in Germany. Most could be avoided with comprehensive legal advice. But what exactly are these disputes about?

The most common rental defects are defective heating or electrical systems, leaky windows and doors, problems with balconies and terraces, water damage, mold infestation, vermin, damp basements, construction noise and noisy neighbors.

Whether a rent reduction is justified depends on whether the damage actually restricts the use of the apartment, either wholly or partially, according to objective criteria. Court rulings offer guidance, but the court's decision is based on the individual case. Furthermore, court rulings vary regionally and locally.

Do not reduce on your own

Tenants who unilaterally reduce their rent and consequently fall into arrears risk eviction. Rental law experts therefore recommend paying the full rent until the facts and legal situation are clarified, but with the note "under reservation.".

A legal claim generally only arises from the day the tenant notifies the landlord of the defect, along with a request to restore the apartment to its contractually agreed condition. A (reasonable) deadline for remedying the defect must be specified by a concrete date.

It is therefore important to inform the landlord as soon as possible after discovering the damage, and to provide specific details.

It is not enough to write "mold in the bathroom"; rather, it is necessary to describe exactly where it is located.

To protect themselves, the tenant should document the damage, i.e., take photos and/or have it inspected by witnesses.

Should a dispute arise, a phone call to the landlord is insufficient. A registered letter with return receipt or delivery of the notice of defects by a courier is recommended.

Under no circumstances should the tenant hire a tradesperson himself and thus present the landlord with a fait accompli. Even if he tries to repair the damage himself, he risks being stuck with the costs.

Get advice!

Both tenants and landlords would be well advised to seek professional advice. Information is available for landlords from Haus & Grund Deutschland, and for tenants from the German Tenants' Association (Deutscher Mieterbund), the Tenants' Protection Association (Interessenverband Mieterschutz), and consumer advice centers.

Sources: WISO business and consumer magazine, German Tenants' Association.