Rent reduction
Rent reduction is a very contentious issue. First of all, it should be said: If you have a problem with a defect in your apartment and would like to reduce your rent, you must protect yourself well beforehand and, if necessary, seek the help of a lawyer/tenants' association. We'll show you what you need to pay attention to.
defects
The basis for the rent reduction is the defect. If the tenant is to blame for the defect or the defect already existed at the start of the contract, the landlord cannot be held responsible for remedying the defect. Therefore, only defects that occur after the start of the rental period and for which the tenant is not responsible are significant for the rent reduction. Minor or insignificant defects also do not entitle you to a rent reduction.
Notification of defects
Once the defect occurs, it must be reported to the landlord immediately. The defect must be clearly described and a date must be set for the defect to be rectified. The defect should be presented clearly and unambiguously and, if necessary, provided with images. The deadline for correcting defects cannot be set arbitrarily. It is important to assess the defect realistically in terms of its damaging effect. It should be noted that a failed heating system in the winter has a much shorter period of time than a crack in the ceiling, which only expands slightly.
TIP:
If there are defects that can be shown visually (mold, cracks in the walls), you should always use a folding rule to make the extent of the defect clear. This is important in order to assess the extent of the damage and also to document the spread/growth if the landlord does not fulfill his obligation to repair the damage in a timely manner.
Rent reduction
If the landlord does not fulfill his obligation to repair the damage, the tenant can reduce the rent in proportion to the damage. The right to a reduction generally exists until the damage has been remedied.
The rent reduction table provides an initial indication of the amount of the reduction. This is an unofficial collection of court rulings that contains information on the amount of the rent reduction. The table can therefore provide an indication or guideline. However, since each case is individual, no binding values can be found in the rent reduction table.
Rent reduction table: http://www.haus-verwaltung.de/adobe/mietmietstisch.pdf
TIP:
In order to avoid misjudgment of the amount of the reduction and, if necessary, to reach a friendly agreement with the landlord, it is advisable to pay the rent with reservations. You must inform the landlord of this in writing. You therefore continue to pay the rent at the contractual amount and then make the rent reduction later retroactively when the extent to which the rent reduction is justified has been negotiated/determined with the landlord or a judicial authority.
Rent reduction is a very controversial topic! If you have problems with defects in your apartment, we will show you what to consider.
