Top 7 - The Most Common Rental Defects in Winter
Most defects in rented flats arise in the autumn and winter months. They usually become noticeable because of the cool and changeable weather. The heating doesn't work properly or fails altogether, draughts come through the windows, or the water takes forever to get hot. If you experience problems like these, you can usually reduce your rent - sometimes by up to 100 percent! To do so, however, you must report the defect to your landlord without delay. We have compiled here how much the rent reduction can be and how much money you can reclaim.
Up to 10 percent reduction
In winter, it can take a while for the water from the tap to get hot. The reasons are long heat-up times and cold pipes. However, if it takes more than 10 seconds for the water to heat up, or more than 10 litres run off first, the rent can be reduced by up to 10 percent. The Berlin Regional Court (Landgericht) has drawn the line even more tightly: according to its ruling, no more than 3 litres may run off before the water has to reach 55 degrees Celsius.
2. No hot water: Up to 30 percent reduction
If the water no longer heats up at all, for example because it is heated via the central heating system and this fails, this constitutes a defect. The decisive factor is that the water no longer exceeds a temperature of 40 degrees Celsius. If the hot water fails completely and the landlord does nothing about it, the rent can be reduced by 15 percent or more. The Darmstadt Local Court (Amtsgericht) even granted a tenant a reduction of 30 percent for a hot water failure in winter.
Up to 15 percent reduction
If the windows are not properly sealed, there can be unpleasant draughts and the heat can escape from the rooms. Leaky windows therefore allow a rent reduction of up to 15 percent. The landlord is obliged to seal the windows - regardless of whether the building is old or new.
4. Noisy heating: Up to 15 percent reduction
If the heating makes pumping or knocking noises, it can be really annoying. This defect mostly affects ground-floor flats located above the boiler room in the basement. If your heating makes noises, the rent can be reduced by up to 15 percent.
Good to know: If excessive heat from the boiler room reaches the flat above it, this also constitutes a defect.
When the air becomes cool and damp, ideal conditions for mould arise. The amount of the rent reduction always depends on the cause and the extent of the problem. If the mould is caused by incorrect ventilation, for example because the flat is aired for less than 10-15 minutes a day, there is no entitlement to a rent reduction. However, if the mould is due to a construction defect, the rent can be reduced. The amount of the reduction depends on which rooms are affected by the mould and whether it poses a "health hazard". Court rulings for mould in the living room range from 20 percent to 50 percent. If all rooms are affected, a rent reduction of up to 100 percent is even possible.
6. Flat too cold: Up to 20 percent reduction
If the living areas (kitchen, bathroom, living room) do not get warm during the heating period despite the heating being on, a rent reduction is possible. The heating period is usually considered to run from October to April. During the day, a minimum temperature of 20-22 degrees Celsius must be ensured in the flat. Between 11 p.m. and 6 a.m., 18 degrees Celsius is sufficient. Even a shortfall of 1-2 degrees Celsius entitles you to a rent reduction. In the case of a tenant from Dresden, the Higher Regional Court (Oberlandesgericht) granted a reduction of 20 percent for the period from October to April because the room temperature was too low.
If the heating fails completely in the winter months, it can quickly get very cold. The amount of the rent reduction depends on how cold it is in the flat. Even if the heating still gives off some warmth but the room temperature does not rise above 14-15 degrees Celsius, a rent reduction of up to 70 percent is justified. If the flat is practically uninhabitable due to freezing temperatures, a reduction of up to 100 percent is also possible.
The rent reduction always applies from the day on which the landlord was informed of the defect. Set your landlord a deadline by which the defect must be remedied! 3 to 4 days are considered reasonable, but this is not laid down by law. If the defect has still not been remedied after this deadline, the tenant can hire a tradesperson and invoice the landlord for the costs. It is always best to bring in a witness who can confirm the defect as well as the execution and costs of the repair work.