I have mold in my apartment, what can I do about it?
May 18, 2022 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Erwin Karpinski and I am writing to you with an urgent concern. I have been dealing with mold in my rental apartment for some time now. I have tried to remove the mold myself, but it keeps coming back and spreading further. This not only worries me about my health, but also about potential damage to the building structure.
The situation is very distressing for me, as the mold is not only visually disturbing, but also emits an unpleasant odor. I am also concerned that the mold could have a negative impact on my health. As a tenant, I am not responsible for removing the mold, so I am wondering what legal steps I can take to address the mold and find a permanent solution to the problem.
Can you explain to me what obligations my landlord has regarding the removal of mold? What actions can I take to compel the landlord to address the mold? Are there any possibilities to reduce the rent or claim damages if the landlord remains inactive? I would be grateful for any assistance and information you can provide me in this matter.
Thank you in advance for your help.
Sincerely,
Erwin Karpinski
Dear Mr. Karpinski,
Thank you for your inquiry regarding the mold problem in your rental apartment. It is understandable that this situation is stressful for you and that you are concerned about your health and the structural integrity of the apartment. As a tenant, you do have the right to a healthy and mold-free living situation, and your landlord is obligated to take care of removing the mold.
According to § 535 BGB, the landlord is obligated to maintain the rental property in a condition suitable for its intended use. This includes removing mold infestations. Therefore, if you discover mold in your apartment, you must inform the landlord and request that the mold be removed.
To prompt the landlord to address the mold issue, I recommend sending a written notice of defects to the landlord via registered mail with return receipt. In this notice, you should describe the mold infestation in detail, highlight the health risks, and set a deadline for removal. If the landlord fails to comply with this request, you have the option to take further legal action.
One way to pressure the landlord is through rent reduction. If the apartment is no longer in a condition suitable for its intended use due to the mold infestation and you are restricted in your use of the space, you can reduce the rent accordingly. The amount of rent reduction depends on the extent of the mold infestation and the resulting inconveniences for you.
Furthermore, you can claim damages if the mold infestation affects your health or causes damage to your property. I recommend collecting evidence, such as medical certificates for health issues related to the mold or photos of damaged property.
In any case, I advise consulting a specialized attorney in tenancy law who can assist you in enforcing your rights against the landlord. The specific steps to take and the amount of rent reduction or damages depend on various factors that an attorney should evaluate on a case-by-case basis.
I hope this information is helpful to you and wish you success in resolving the mold problem in your rental apartment.
Sincerely,
Oliver Hentschel
