Can my landlord reduce the rent if I do not take care of the apartment?
October 20, 2023 | 40,00 EUR | answered by Emma Richter
Dear lawyer specialized in tenancy law,
I am contacting you with a question that is causing me great concern. My landlord is threatening to reduce the rent, as he believes that I am not adequately taking care of my apartment. I am unsure if he has the right to do so and how I should act in this situation.
Background information: I have been living in my current rental apartment for two years and have not had any issues with my landlord so far. However, he has recently been mentioning more frequently that he is dissatisfied with the condition of my apartment. He particularly criticizes the cleanliness and order in the common areas of the building.
I am aware that as a tenant, I am obligated to maintain the apartment in an appropriate condition. However, I believe that I am fulfilling my responsibilities and regularly cleaning the apartment. My landlord seems to disagree and is now threatening to reduce the rent.
My concern now is that my landlord could actually reduce the rent and I would suffer financial losses as a result. Therefore, I would like to know from you if my landlord has the right to reduce the rent if he believes that I am not adequately caring for the apartment. Are there any ways for me to challenge this measure? What steps should I take in this situation?
I thank you in advance for your assistance and look forward to your assessment on this matter.
Sincerely,
Oliver Brandes
Dear Mr. Brandes,
Thank you for your inquiry regarding your landlord's threat to reduce the rent due to allegedly insufficient care of your apartment. This situation can of course be very stressful and worrisome, but it is important that you are informed about your rights as a tenant.
In principle, it is correct that tenants are obligated to keep the rental apartment in a reasonable condition. This includes regular cleaning and maintenance of common areas, if this is contractually agreed upon. However, if your landlord believes that you are not fulfilling these obligations, he cannot unilaterally reduce the rent.
A rent reduction is only permissible under certain conditions and in accordance with the applicable tenancy law. There must be a defect in the apartment that significantly impairs its suitability or use. This defect must have been reported to the landlord and he must have been given a reasonable amount of time to rectify the defect. If the landlord still does not respond, the tenant may potentially reduce the rent.
In your case, it does not seem to be about a specific defect in the apartment, but rather about differing opinions regarding cleanliness and order. In this case, a rent reduction would not be justified. You can therefore clearly communicate to your landlord that you are fulfilling your obligations as a tenant and regularly cleaning the apartment. You can also suggest to jointly assess whether there is indeed a defect and, if necessary, take measures to improve the situation.
If your landlord still insists on reducing the rent without a specific defect being present, you can seek assistance from a lawyer specializing in tenancy law to enforce your rights. It is important that you document all communication with your landlord in writing and adhere to any deadlines.
I hope that this information is helpful to you and supports you in this situation. If you have any further questions, please feel free to contact me.
Best regards,
Emma Richter
Lawyer specializing in tenancy law
