Lawyer rent reduction Munich

PROBLEMS WITH NOISE, MOULD, HEATING,...?

Enforcing a rent reduction

RENT REDUCTION NOISE, CONSTRUCTION NOISE

A threshold value of 50db during the day and 35db at night applies as a guideline value in flats. The so-called night-time quiet applies from 22:00 in the evening. However, it is also important whether the noise or construction noise is only temporary or regular and continuous. The ‘rental quality’ must be significantly impaired by the noise/construction noise. Examples of noise are Loud music, arguing neighbours, barking dogs or inadequate sound insulation.

RENT REDUCTION DAMP AND MOULD IN THE ROOMS

Damp and mould are often a reason for a rent reduction. However, the landlord usually tries to prove that the tenant is responsible for the lack of or incorrect ventilation. In this case, it is often necessary to join forces with other affected parties in order to be successful.

RENT REDUCTION VERMIN, VERMIN INFESTATION (RATS, MICE, COCKROACHES, COCKROACHES)

If it is not possible to use the flat in accordance with the contract due to vermin infestation, this is usually a typical reason to reduce the rent. The degree of this impairment then also determines the amount.

RENT REDUCTION FOR HEATING FAILURE OR WATER DAMAGE

If the temperature is only 18 degrees due to a heating failure, a rent reduction of 20-30% is generally permissible. Below 15 degrees, the contractual use of a flat is no longer reasonable. In the case of water damage, the decisive factor is again the extent to which the use of the flat is restricted as a result. Accordingly, a reduction in rent is permissible.

RENT REDUCTION DUE TO LEAKING OR DEFECTIVE WINDOWS AND DOORS

Defective or leaking windows can lead to a rent reduction as part of a notice of defects if these defects are not repaired. It should be noted that the tenant is entitled to pass on part of the costs incurred for modernisation (e.g. replacement of old windows with insulating glass windows) to the tenant (the part exceeding a 1:1 repair).

RENT REDUCTION DUE TO STENCH AND ODOUR NUISANCE

A rent reduction due to stench and odour nuisance is only permissible if it restricts the use of the flat or even makes it impossible.

PROBLEMS WITH THE WATER SUPPLY, DRINKING WATER SUPPLY

If the water supply fails completely, a rent reduction of up to 100% is justified, as it is no longer possible to use the flat in accordance with the contract. If there is no hot water supply, it depends on the accompanying circumstances. A night-time failure means that there is only a small possibility of a reduction, whereas a complete hot water failure in winter can result in a reduction of up to 70%.

OTHER

Furthermore, other types of nuisance or lack of features in a flat can also be grounds for a rent reduction.

• Pigeon and bird infestation
• Prostitution in the building
• Lift missing or defective
• Balcony/basement/storage not usable
• No internet
• Flat door broken
• Leaky roof
• ...

If the reported defects are of a serious nature, the rent reduction can even be continued until the tenant is exempted from paying the rent. In practice, however, tenants should first check their tenancy agreement for so-called ‘minor repair clauses’ in the case of minor defects (defective water tap, defective lighting, etc.).

WHEN AND HOW DO I HAVE TO REPORT DEFECTS FOR A RENT REDUCTION?

Defects in the rented property must be reported to the landlord as soon as possible. Only then do you have a good chance of being successful with a rent reduction. In very urgent cases, telephone notification should even take precedence over the written form.

As already mentioned, the report should be made immediately - by telephone, fax, e-mail or in writing. To give the landlord the opportunity to respond, you should also set a deadline for the defect to be rectified. If the landlord repeatedly refuses to remedy the defect, you should seek professional advice from a lawyer specialising in rent reduction.

Frequently asked questions on the topic of rent reduction