The heating is knocking, mold is forming in the kitchen: if the quality of living is severely impaired, tenants are allowed to pay less. Expert Marielle Eifler, lawyer and board member of the Hamburg Tenants' Association, gives tips on when it is legal to reduce the rent.
In which cases am I allowed to reduce my rent?
"The landlord is obliged to leave the apartment to the tenant in a contractual condition. If the tenant cannot use the apartment as would be expected under the contract, they have the right to reduce the rent in addition to the right to repairs. Typical defects are, for example, leaking windows, moisture damage or noise nuisance from neighbors."
But when is a reduction excluded?
"On the one hand, if there is only an insignificant defect, for example a defective light bulb in the hallway. On the other hand, a rent reduction is excluded if the tenant was already aware of the defect when the tenancy agreement was concluded, for example, if the apartment in an old building is too noisy."
What do I have to do to report the defect?
"There is no prescribed form for reporting a defect to the landlord or his manager. This can be done in person, by telephone, by fax or by e-mail. As the tenant must subsequently prove that they have informed the landlord, we recommend sending a letter by registered mail in addition to the fastest possible transmission. The letter should also set a reasonable deadline for the landlord to rectify the defect."
What else should I bear in mind when writing?
"The details of the defect must be precise enough for the landlord to be able to get an idea of the impairment of the residential value. It should also be clear that any costs incurred if the defect is not rectified will be offset against the rent."
How do I calculate the rent reduction correctly?
"The basis for the rent reduction is the gross warm rent, i.e. the net cold rent plus advance payments for operating and heating costs. As a general rule, the greater the impact of the defect on the residential value, the more drastically the rent may be reduced. As it always depends on the specific impairment, no generally applicable rules can be established here. Legal advice in advance is therefore advisable."