How can I reduce my rent if the landlord does not maintain the apartment?
October 8, 2023 | 55,00 EUR | answered by Oliver Hentschel
Dear lawyer,
My name is Katja Busch and I am reaching out to you because I am facing a difficult situation in my rental apartment. For some time now, there have been issues with the maintenance of the apartment, which is the responsibility of my landlord. For example, there are leaky windows, mold formation in the kitchen, and problems with the heating. Despite multiple requests from my side, the landlord has not taken any measures to address these issues.
This situation is causing me great concern, as it not only affects my quality of life but also leads to increased energy consumption and higher utility costs. However, due to my financial situation, I am unable to reduce the rent and finance the repairs myself. I am wondering what legal options are available to me to reduce my rent and compel the landlord to maintain the apartment.
I would like to know what steps I can take to prompt the landlord to address the issues and whether it is legally possible to reduce the rent if the landlord fails to fulfill his obligations. I am also curious about whether it is advisable to involve a lawyer and what costs would be associated with that.
Thank you in advance for your support and I look forward to your professional advice.
Best regards,
Katja Busch
Dear Mrs. Busch,
Thank you for your inquiry regarding the issues with the maintenance of your rental apartment. It is understandable that the mentioned defects are affecting your quality of life and causing financial burdens. In such cases, it is important to know the legal options to protect your interests as a tenant.
First and foremost, it is important to know that according to § 535 BGB, the landlord is obligated to maintain the rental property in a condition suitable for the contractual use. This includes the maintenance and repair of defects that were not caused by the tenant. In your case, it appears that the landlord has not fulfilled his duties so far.
To compel the landlord to rectify the defects, you should send him a written notice of defects and set a reasonable deadline for their elimination. If the landlord fails to comply with this request, you, as a tenant, have the right to a rent reduction according to § 536 BGB. This means that you can reduce the rent accordingly to compensate for the depreciation of the apartment due to the defects. The amount of rent reduction depends on the extent of the defects and should be reasonable. It is advisable to seek legal advice before reducing the rent to ensure that you are taking the correct steps.
Regarding the costs of hiring a lawyer: As a tenant, you have the right to consult a lawyer specializing in tenancy law to represent your interests. The costs for legal advice and representation are governed by the Lawyers' Remuneration Act (RVG) and may vary depending on the scope and complexity of the case. However, there is also the possibility that the landlord will cover the legal costs in case of a legal dispute if he is in default and the involvement of a lawyer was necessary.
Therefore, I recommend that you promptly contact a specialized lawyer in tenancy law to secure your rights and find a solution to the problems in your rental apartment. Timely and professional advice can help you clarify your situation and enforce your rights.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Oliver Hentschel
