- A broken lift is a rental defect (§ 536 BGB, German Civil Code), whether you use it every day or not. You only have to put up with maintenance lasting a few hours or days.
- Up to 20 per cent is what courts have awarded for outages lasting weeks. The higher your floor, the higher the rate.
- Report first, then reduce. Without a defect notice to your landlord there is no reduction (§ 536c BGB).
- Pay under reservation if you are not sure of the rate. Reducing by too much can count as rent arrears.
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When is a broken lift a rental defect?
The lift is part of the rented property, just like the front door. Your landlord has to keep it running, and for every tenant in the building, including those on the first floor (§ 535 (1) BGB). If it stands still, the flat is worth less than the tenancy agreement promises. That is a defect, and a defect lowers the rent by itself, without you having to apply for anything (§ 536 BGB).
Two things matter: the cause and the duration.
Report the breakdown in writing
The reduction starts on the day the landlord knows about the breakdown (§ 536c BGB). A dated email is enough. Without this notice you cannot claim anything for the past.
How large can the reduction be?
There is no statutory table. The rate depends on how badly you are affected. Courts look at three factors:
- Your floor: someone on the seventh floor is affected more than someone on the second.
- The duration: an outage of weeks weighs more heavily than one of days.
- Your situation: age, illness, a pushchair or a wheelchair raise the rate.
Example: The lift breaks down on 3 March, you report it the same day, and it is repaired on 2 April. You live on the fifth floor and pay 900 euros net rent.
At a rate of 10 per cent, you reduce the March rent by 90 euros. For April you pay in full again, because once the lift is repaired the defect is gone.
The range courts have awarded runs from a few per cent for short outages on lower floors to 20 per cent for long outages on high floors. Reduce by slightly too little rather than too much: if the landlord turns out to be right in the end, two months' rent are quickly missing, and that can justify a termination.
Pay under reservation
If you are unsure, pay the full rent with the note “subject to reclaim” (unter Vorbehalt der Rückforderung) and recover the reduced amount later. That way no arrears build up.
How to enforce the reduction
Four steps, in this order:
- 1. Report: Write to your landlord, with the date, stating since when the lift has been out of order. Ask for a repair within a deadline, say 14 days.
- 2. Document: Photograph the notice or the lift itself and note every day of the outage. Neighbours as witnesses help.
- 3. Choose a rate: Base it on your floor and the duration. Tell your landlord the rate and from when it applies.
- 4. Reduce or pay under reservation: Cut the rent from the month you reported the defect, or pay in full under reservation and reclaim the difference later.
Calculate your rent reduction shows how to work out the rate. Other typical defects are covered under Rent reduction for defects.
Common questions about the lift
Can I reduce the rent even though I can take the stairs?
Yes. The lift is part of the rented property. Being able to use the stairs lowers the rate at most, not your claim.
Does an outage during maintenance count?
No, as long as the maintenance takes a few hours or a few days. If it drags on for weeks, it is a defect.
My landlord says it is not their fault. Does the reduction still apply?
Yes. Fault plays no role in a rent reduction. You pay for a flat with a lift and get one without.
Can I reduce the rent retroactively?
Only from the day the landlord knew about the breakdown. So report it in writing straight away.
Is your rent above the limit?
CONNY checks for free whether rent control applies to your flat and enforces the reduction for you. You only pay if we succeed.