How can I reduce my rent if my landlord does not carry out the agreed repairs?
August 31, 2022 | 50,00 EUR | answered by Emma Richter
Dear lawyer,
I am reaching out to you because I need advice regarding my tenancy. My name is Mia Kleine and I am a tenant of an apartment in Berlin. For some time now, there have been recurring issues with my landlord, as she is not carrying out agreed repairs. For example, we have a water damage in the bathroom that my landlord has not fixed despite several requests. This has severely limited the use of the bathroom and the moisture is spreading.
I have tried to reach an agreement with my landlord, but without success. I am concerned about my health and the maintenance of the apartment. However, I still have to pay the full rent, so I am wondering if there are legal options to reduce my rent until the repairs are carried out. Are there any legal regulations or rulings that can assist me in this situation?
I want to uphold my rights as a tenant and find a fair solution with my landlord. Could you please advise me on the steps I can take to reduce my rent considering the unfinished repairs? I appreciate your assistance in advance.
Sincerely,
Mia Kleine
Dear Mrs. Kleine,
I understand your concern regarding the repairs not being carried out in your rental apartment and I will be happy to assist you further. In Germany, tenancy law is very strictly regulated in order to protect the rights of tenants. If the landlord fails to fulfill their maintenance obligations, tenants have various options to defend themselves.
First of all, it is important to know that the landlord is responsible for maintaining the rental apartment. This also includes repairs in case of water damage. If the landlord does not carry out the repairs despite repeated requests, you as a tenant can claim a defect in the apartment. This defect entitles you to reduce the rent until the repairs have been properly carried out.
To reduce the rent, you should set a reasonable deadline in writing for your landlord to carry out the repairs. If the landlord does not meet this deadline, you can appropriately reduce the rent taking into account the extent of the defect. It is important that you announce the rent reduction in writing and clearly state the reasons for it.
It is also advisable to gather evidence of the water damage, such as photos or witness statements. These can help strengthen your position in case of a dispute in court. If the landlord continues to be unresponsive, you can also file a rent reduction lawsuit at the competent district court.
In addition to the rent reduction, you can also claim damages if the water damage has caused harm to you, for example to your property or health. I recommend consulting a lawyer to enforce your claims to the best of your ability.
I hope that this information helps you and that you can successfully assert your rights as a tenant. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Emma Richter
