The route to a rent reduction for defects
Found a defect in your flat that is not your fault? Then the right procedure decides whether you can reduce your rent (Mietminderung). This article tells you when a defect counts, when no reduction is possible despite a defect, and the steps to take to reduce your rent successfully.
1. What are the requirements for a rent reduction?
The basic requirement for a rent reduction is a defect (Mangel) in your flat. A defect exists when the use of the rented property is restricted or ruled out (§ 536 BGB). You may then reduce the rent for the whole period in which the defect exists. There are, however, many opaque exceptions to keep in mind if you want to reduce the rent yourself.
2. What counts as a defect?
Whether a defect exists is always partly subjective. So not every defect a tenant notices entitles them to a rent reduction. Minor defects or insignificant restrictions are often regarded by the law as not sufficient. Whether a defect justifies a rent reduction is therefore usually decided case by case.
The following list shows common defects:
- Mould
- Damp
- Heating fault or failure
- Faulty cold or hot water supply
- Noise
- Vermin
- Wrong floor area in the tenancy agreement
- Water damage
- Broken lift
- Disruption from building sites
3. Reporting the defect to the landlord: what do I need to watch out for?
The law requires you to inform your landlord of the defect in writing without delay (§ 536c BGB). Describe the defect as precisely as possible; photos help. This gives the landlord the chance to remedy the defect and restore the flat to proper condition. Only if this takes longer or the landlord does not remedy the defect at all can you possibly reduce your rent.
Important: If you do not report the defect without delay, you also lose your right to a rent reduction. So inform your landlord as quickly as possible.4. By how much may the rent be reduced?
There is no blanket answer to what percentage the rent can be reduced by for which defect. How a defect is perceived is always subjective and differs from person to person. The size of the reduction also always depends on the extent of the defect. A small patch of mould in a corner is judged differently from rooms where the wallpaper is peeling off the walls and everything is covered in mould. Both must be reported to the landlord without delay. It therefore always makes sense to look at comparable court rulings to work out an appropriate reduction. Bear in mind, though, that similar cases can be assessed differently from court to court. The reduction, by the way, applies to the gross rent (Bruttomiete) – that is, net cold rent (Nettokaltmiete) plus service charges (Nebenkosten).
Important: To avoid a termination when you reduce the rent, you should pay the full rent subject to reclaim (unter Vorbehalt) because of the defect. After all, a court may rule that the reduction was set too high or was unjustified.5. Caution: do not reduce the rent prematurely
We advise against reducing the rent prematurely or carrying out repairs yourself (minor repairs may be an exception). Without prior agreement with the landlord it is uncertain whether you will get the costs reimbursed. An unjustified or excessive rent reduction is also grounds for termination. So always agree everything with your landlord and record the agreements in writing.
If you want to be on the safe side, have the amount of the reduction checked beforehand by a tenants' association (Mieterverein) or a specialist tenancy lawyer (Fachanwalt für Mietrecht).» More press coverage
Take action now
Check for free whether your rent breaches the rent brake (Mietpreisbremse, § 556d BGB) and how much you can claim back.