Rent reduction (Mietminderung): when tenants in Germany may pay less rent

If your flat has a defect that your landlord does not fix – mould, a heating that fails in winter, no hot water, constant construction noise – German tenancy law allows you to reduce your rent. Here you will find out what § 536 BGB says, how much a reduction may be, how to proceed without risking your tenancy, and how CONNY can support you with your rent, deposit, Nebenkosten, rent increase or termination today.

What is a rent reduction (Mietminderung)?

A rent reduction means that you pay less rent for as long as your flat has a defect that reduces its usability. The legal basis is § 536 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). The key point: the reduction takes effect by law. You do not need your landlord's permission, and you do not need a court order. As soon as a relevant defect exists and the landlord knows about it, the rent you owe is reduced – for the whole period in which the defect persists.

Requirements under § 536 BGB

Not every annoyance justifies paying less rent. A rent reduction requires the following:

  • A defect in the rented property. The flat must deviate from the condition agreed in the lease – for example mould, a broken heating, a leaking roof, a defective lift, no hot water, or significant noise from a construction site next door.
  • The defect must be more than insignificant. Minor issues such as a dripping tap or a short, one-off outage do not justify a reduction (§ 536 para. 1 sentence 3 BGB).
  • The landlord must know about the defect. You are obliged to notify your landlord of any defect without delay (§ 536c BGB). The reduction only runs from the point at which the landlord has been informed – so always report the defect in writing and keep a copy.
  • You did not know about the defect when signing the lease. If you accepted the flat knowing about the defect, a reduction is generally excluded (§ 536b BGB).

How much can the rent be reduced?

The law does not set fixed percentages. The amount depends on how severely the defect impairs the use of the flat, how large the affected area is and how long the defect lasts. Courts have accepted reductions of a few percent for minor impairments and substantially higher reductions for serious ones, such as a complete heating failure in winter or a flat that is partly unusable because of mould. According to the case law of the German Federal Court of Justice (BGH), the reduction is calculated on the gross rent, i.e. the basic rent including advance payments for operating costs (Nebenkosten).

Published "Mietminderungstabellen" (rent reduction tables) collect decisions of German courts and give you an indication of what has been accepted in comparable cases. They are a guide, not a guarantee – every case is judged individually.

How to proceed – step by step

  1. Document the defect. Take photos or videos, note dates and times, and keep a log – for example of every day the heating did not work or of the noise levels you experienced.
  2. Notify your landlord in writing. Describe the defect, ask for it to be repaired and set a reasonable deadline. State that you reserve the right to reduce the rent ("Mietminderung vorbehalten"). Send the letter in a way you can prove, e.g. by registered mail or e-mail with confirmation.
  3. Decide on the reduction amount. Use the severity of the defect and comparable court decisions as a reference. If you are unsure, it is safer to pay the full rent under reservation ("unter Vorbehalt") and reclaim the overpaid amount later than to reduce too much.
  4. Keep paying the reduced rent on time. Pay the reduced amount punctually every month and inform the landlord of how the amount was calculated.
  5. Record when the defect is fixed. From the day the defect is remedied, the full rent is due again.

Typical mistakes to avoid

  • Reducing too much. If a court later finds that the defect justified a smaller reduction – or none at all – the difference counts as rent arrears. If arrears reach two months' rent, the landlord may terminate the lease without notice (§ 543 para. 2 no. 3 BGB). Caution protects your tenancy.
  • Not reporting the defect. Without notification there is no reduction, and you may even become liable for damage that worsened because the landlord was not informed.
  • Reducing for defects you caused yourself. If the defect is your responsibility – for example mould caused by insufficient heating and ventilation – a reduction is not possible.
  • Relying on verbal agreements. Put every notification, deadline and reservation in writing.

How CONNY can help you today

Please note: CONNY's service for enforcing rent reductions is currently paused while we further develop our tenant services. You can still use the information above to assert your rights yourself.

Many tenants who discover defects in their flat also find that they are paying too much in other respects. CONNY checks these issues for you and enforces your rights against your landlord:

  • Rent check (Mietpreisbremse): find out whether your rent exceeds the legal limit and reclaim overpaid rent.
  • Deposit (Kaution): get your deposit back if your landlord withholds it without justification after you move out.
  • Operating costs (Nebenkostenabrechnung): have your annual utility bill checked for errors and reclaim overpayments.
  • Rent increase (Mieterhöhung): check whether a rent increase is lawful before you accept it.
  • Termination (Kündigung): have a termination by your landlord reviewed for legal validity.

These services are available on conny.de now. Start with a free check of your situation.

Frequently asked questions about rent reduction

Do I have to ask my landlord before reducing the rent?

No. The reduction applies by law under § 536 BGB. However, you must inform the landlord of the defect first (§ 536c BGB), because the reduction only covers the period from the notification onwards.

Can I reduce my rent retroactively?

Only for the period after the landlord was informed of the defect. If you kept paying the full rent without reservation despite knowing about the defect, reclaiming earlier payments may be difficult. Paying "under reservation" keeps this option open.

What if the landlord repairs the defect only partially?

A reduction remains possible as long as a significant impairment persists; the amount may need to be adjusted to the remaining defect.

Can the landlord terminate my lease because I reduced the rent?

A justified reduction is not a reason for termination. The risk arises only if the reduction turns out to be too high and the resulting arrears reach the thresholds for termination. This is why documentation and a cautious reduction are essential.

Does the reduction also cover my Nebenkosten advance payments?

Yes. Following BGH case law, the reduction is calculated on the gross rent including advance payments for operating costs.