The path to a rent reduction for defects
Have you discovered a defect in your flat that is not your fault? Then following the right procedure is the key to successfully reducing your rent. In this article you will learn when a defect exists, in which cases no reduction is possible despite a defect, and how you need to proceed in order to reduce your rent successfully.
1. What are the requirements for a rent reduction?
The basic requirement for a rent reduction is, first of all, a defect in your flat. A defect exists when the use of the rented property is impaired or made impossible. A rent reduction is then possible for the entire period during which the defect exists. However, there are a large number of opaque exceptions that you need to take into account if you want to reduce the rent yourself.
2. What counts as a rental defect?
Whether a defect exists is always partly subjective. Consequently, not every defect perceived by the tenant entitles them to a rent reduction. Minor defects or insignificant impairments are often regarded by the legislator as insufficient. Whether a rental defect that justifies a rent reduction exists is therefore usually decided on a case-by-case basis.
The following list shows you frequently occurring rental defects:
- Mould
- Damp
- Defective or failed heating
- Defective cold or hot water supply
- Noise
- Vermin
- Water damage
- Broken lift
3. Reporting the defect to the landlord: what do I need to bear in mind?
The law requires you to inform your landlord of the defect in writing without undue delay. You should always describe the defect as precisely as possible; photos can also be helpful. This gives the landlord the opportunity to remedy the defect and restore the flat to proper condition. Only if this takes longer or the landlord does not remedy the defect may you be able to reduce your rent.
Important: If you do not report the defect without undue delay, you also lose your right to a rent reduction. You should therefore inform your landlord as quickly as possible.4. By how much may the rent be reduced?
It is not possible to make a blanket statement about what percentage the rent can be reduced by for which defect. The perception of a defect is always subjective and differs from person to person. The amount of the rent reduction also always depends on the extent of the defect. A small patch of mould in a corner is therefore to be assessed differently from rooms in which the wallpaper is peeling off the walls and everything is covered in mould. Both, however, must be reported to the landlord without undue delay. It is therefore always advisable to refer to court rulings on cases that are as similar as possible in order to determine the appropriate rent reduction. Bear in mind, however, that similar facts may be assessed differently from court to court. Incidentally, the rent reduction is calculated on the gross rent – i.e. the net cold rent (basic rent) plus service charges.
Important: To avoid being given notice in the event of a rent reduction, you should pay the full rent subject to reservation of reclaiming it on account of the rental defect. After all, a court may rule that the rent reduction was set too high or was unjustified.5. Caution: don't reduce your rent prematurely!
We advise against reducing your rent prematurely or carrying out repairs yourself (minor repairs may be an exception). Without prior agreement with your landlord, it is uncertain whether you will be reimbursed for the costs incurred. An unjustified or excessive rent reduction is also grounds for termination of the tenancy. You should therefore always agree everything with your landlord and record the agreements in writing.
If you want to be on the safe side, instruct CONNY to enforce your rent reduction. You only need to provide all the relevant information and then don't have to worry about anything else.
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