- What is the legal basis for a rent reduction? § 536(1) BGB covers it: if the flat has a defect that makes it unfit for the use agreed in the contract, you owe no rent at all.
- How much may you reduce the rent? The law contains no fixed table.
- Which defects typically justify a reduction? A defect exists when the actual condition of the flat is worse than the condition the contract promises.
- How to go about a rent reduction Document the defect: photos, videos, date and time, a log for noise, thermometer readings with room and time of day for cold.
- What is the risk of reducing too much? If you deduct more than a court later accepts, you are in arrears with the difference.
- When is a rent check worth doing as well? A rent reduction lowers the rent only for as long as the defect lasts.
Are you paying too much rent?
The free rent check shows in two minutes whether your rent is above the limit of the rent brake (Mietpreisbremse).
What is the legal basis for a rent reduction?
§ 536(1) BGB covers it: if the rented flat has a defect that makes it unfit for the use agreed in the contract, you owe no rent at all. If the defect only reduces its fitness, you pay a rent that is lowered by an appropriate amount. A trivial impairment does not count (§ 536(1) sentence 3 BGB).
Three further provisions matter. § 536b BGB: if you knew about the defect when you signed the contract, you may not reduce. § 536c BGB: you must report every defect without delay; if you fail to, you lose the right to reduce for the period in which the landlord knew nothing of the defect. § 536(4) BGB: a clause in the tenancy agreement that excludes or limits your right to reduce is void for residential tenancies.
How much may you reduce the rent?
The law contains no fixed table. The percentage depends on how severely and for how long the defect restricts your use of the flat. Courts have set percentages in comparable cases that you can use as a guide:
- Heating failure in winter: up to 100 per cent if the flat is no longer habitable; much less if only individual rooms are cold.
- No hot water: around 10 per cent for a complete failure, more in winter.
- Broken lift: up to 20 per cent, depending on the floor.
- Building noise in the house: 5 to 35 per cent depending on intensity and duration.
- Vermin: 20 to 80 per cent depending on the type and extent of the infestation.
- Floor area more than 10 per cent smaller than stated in the contract: reduction by the percentage of the shortfall (BGH, judgment of 24 March 2004, VIII ZR 295/03).
The basis is the gross rent (Bruttomiete), meaning the rent including advance payments for service and heating costs (BGH, judgment of 6 April 2005, VIII ZR 347/04). The formula: gross rent × percentage × days with the defect ÷ days in the month. Example: 1,000 euros gross rent, 20 per cent, 15 days of defect in a 30-day month gives 100 euros less rent.
Which defects typically justify a reduction?
A defect exists when the actual condition of the flat is worse than the condition the contract promises. Common cases:
- Mould in living rooms, unless it is caused by how you heat and ventilate.
- Failure of heating, hot water, electricity or lift.
- Noise from building sites in the house, restaurants, building services or neighbours beyond what is socially acceptable.
- Vermin such as mice, moths, cockroaches or pigeons.
- Leaking windows, water damage, broken sanitary fittings.
- A floor area more than 10 per cent below the figure in the tenancy agreement.
No reduction for trivial matters such as a dripping tap, defects you caused yourself, impairments you knew about when you moved in, and noise or dirt from an energy-efficiency modernisation during the first three months (§ 536(1a) BGB).
How to go about a rent reduction
- Document the defect: photos, videos, date and time, a log for noise, thermometer readings with room and time of day for cold.
- Report the defect in writing: describe the defect precisely, set a reasonable deadline for repair and announce the reduction. Send the notice by email and also by post so you can prove it arrived.
- Set the percentage: use court decisions on comparable defects as a guide. If in doubt, choose the lower percentage.
- Reduce the rent or pay under reservation: if you are unsure, pay the full rent marked „unter Vorbehalt der Rückforderung“ (subject to reclaim) and recover the reduction amount later. That way no arrears build up.
- Follow up on the repair: once the defect is fixed, pay the full rent again from that day. If it remains, the reduction continues.
What is the risk of reducing too much?
If you deduct more than a court later accepts, you are in arrears with the difference. Under § 543(2) no. 3 BGB the landlord may terminate without notice if you are more than one month's rent behind on two consecutive payment dates, or if arrears of two months' rent build up over a longer period. Being mistaken about the right amount does not protect you from being in arrears. Paying under reservation removes this risk. Your local tenants' association (Mieterverein) or a lawyer specialising in tenancy law can help you set the percentage.
When is a rent check worth doing as well?
A rent reduction lowers the rent only for as long as the defect lasts. If your rent was too high from the start, the rent brake helps permanently. Under § 556d BGB, the rent for a new tenancy in an area with a tight housing market may be at most 10 per cent above the local reference rent (ortsübliche Vergleichsmiete). If your rent is higher, you object to the breach under § 556g(2) BGB, pay only the permitted rent from then on and reclaim what you overpaid. CONNY's free rent check shows whether your flat is in such an area and whether your rent exceeds the limit: Check your rent for free now.
Frequently asked questions about rent reduction
Are you paying too much rent?
Two minutes, free, no obligation: the rent check compares your rent with the limit under § 556d BGB.