How can I enforce my rights as a tenant in case of defects in the apartment?
August 21, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am reaching out to you as a tenant of an apartment in a rental building with various defects and I do not know how to enforce my rights. There are several urgent issues in my apartment that need to be addressed. Firstly, water has been dripping from the ceiling in my bathroom for some time, leading to mold formation. Additionally, the heating in my bedroom is not functioning properly, making it very cold during winter. Furthermore, the door to the balcony is broken and does not close properly.
These defects significantly affect my quality of life and I have already informed my landlord multiple times. However, nothing has been done and the problems persist. I am concerned about my health due to the mold in the bathroom and my comfort due to the lack of heating in the bedroom.
Therefore, my question to you is: How can I enforce my rights as a tenant and compel my landlord to fix the defects in my apartment? Are there legal steps I can take to achieve a resolution? I am very grateful for your help and advice.
Sincerely,
Christiane Raab
Dear Mrs. Raab,
Thank you for your inquiry regarding the defects in your rental apartment. I am sorry to hear that you are facing these issues and that your landlord has not responded so far. As a tenant, you have certain rights and options to demand the repair of the defects in your apartment.
First and foremost, it is important that you inform your landlord in writing about the existing defects. You should set a deadline for the defects to be rectified, for example, two weeks. You can do this by registered mail with return receipt or by email to be able to prove the receipt. If your landlord still does not respond after the deadline, you can take further steps.
In the next step, you could consider a rent reduction. This means that due to the existing defects, you are allowed to reduce a part of your rent. The amount of the rent reduction depends on the nature and extent of the defects. However, it is advisable to seek legal advice before reducing the rent to determine an appropriate reduction.
Furthermore, you have the option to file a complaint about the defects with the local tenants' protection association or the local district court. There, you can file a lawsuit for the repair of defects against your landlord. In a court proceeding, you can present the defects and the existing health risk posed by the mold in the bathroom and the lack of heating in the bedroom.
It is important to emphasize that as a tenant, you have certain rights and your landlord is obligated to rectify the defects in your apartment. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Anna Fuchs, Attorney at Law
