I have mold in my apartment, what can I do about it?
October 13, 2023 | 40,00 EUR | answered by Emma Richter
Dear lawyer specializing in tenancy law,
I am reaching out to you because I am facing a mold problem in my apartment and I do not know how to deal with it. The apartment, which I have been renting for a year, is located in an older building and unfortunately does not have adequate ventilation. A few months ago, I noticed dark spots forming on the walls and in the corners, which have since turned out to be mold.
I am very concerned about my health and that of my roommates, as I have read that mold can be harmful to health. Additionally, the mold significantly affects the living environment and aesthetics of my apartment. I have already tried to remove the mold myself and improve ventilation, but the problem seems to keep reoccurring.
I am now wondering what legal steps I can take as a tenant to solve the mold problem in the long term. Can I ask my landlord to eliminate the cause of the mold and provide a permanent solution? What rights do I have as a tenant in this situation and what obligations does my landlord have?
I would be very grateful if you could provide me with further information and advice on how best to proceed in order to solve the mold problem in my apartment.
Sincerely,
Quentin Peters
Dear Mr. Peters,
Thank you for your inquiry regarding the mold problem in your apartment. It is understandable that you are concerned and looking for a permanent solution to this unpleasant issue. Mold can indeed be harmful to health and should be taken seriously.
As a tenant, you have certain rights and responsibilities when it comes to mold in your rental property. According to § 535 of the German Civil Code (BGB), the landlord is obligated to maintain the rental property in a condition suitable for its intended use. This includes addressing mold problems that arise from structural defects or inadequate sealing.
Therefore, if you discover mold in your apartment, you should promptly inform your landlord and request that the problem be addressed. It is important to do so in writing to have a record of your request. You can set a reasonable deadline for your landlord to resolve the mold issue. If he fails to comply with this request, you can take further action.
In such a situation, I recommend seeking advice from a specialized attorney in tenancy law. They can help you enforce your rights as a tenant and, if necessary, secure a rent reduction or even terminate the lease without notice if the landlord fails to fulfill their maintenance obligations.
It is crucial to document all steps and communication with your landlord in writing to have evidence in case of a dispute. Furthermore, you should avoid doing anything that could worsen the mold infestation, such as wallpapering or painting over the mold.
I hope this information is helpful to you and that you can successfully resolve the mold problem in your apartment. If you have any further questions or need legal assistance, please do not hesitate to contact me.
Sincerely,
Emma Richter
Attorney specializing in tenancy law
