Incorrect information about square meters of living space.
January 22, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I have the following situation to report.
I have been living in my apartment since 01.03.09. The rental agreement specifies a living area of 65m² + 10m² for 2 storage rooms.
Today, I measured the entire apartment and discovered that the square meters do not match.
I calculated a living area of 53m² and an area of approximately 15m² for the two storage rooms. In total, I now have a total area of 68m² instead of the 75m² specified in the rental agreement (65+10).
I need to know if there is a difference between the number of square meters in terms of living space and total area? I have heard that a room that is supposed to be part of the living space must meet certain requirements such as having installed heating or a certain window size. For example, one room is not insulated, without heating, and essentially set up like a utility room with exposed pipes. The other room does have heating, but the window is only 76x55 cm and below ground level, essentially like a basement apartment. No light comes through here.
Furthermore, it is important for me to know how to argue with my landlady. How much can I now reduce the monthly rent, with a rent of 450 EUR cold + 80 EUR additional costs.
Can I now demand money retroactively?
I want to be well-prepared for the conversation with my landlady.
Thank you in advance for your help.
Dear seeker of advice,
Thank you very much for your inquiry, to which I would like to respond as follows:
Regarding 1.) Is there a difference between the square meters in relation to the living space and total area?
First of all, you are correct in that a storage room or a room of such nature should generally not be counted towards the living space, as high requirements are placed on the living space. Below is a link that describes exactly what constitutes living space and what does not:
http://www.mieter-themen.de/article778.html
The living space is logically included in the total area. According to the Federal Court of Justice, a rent reduction is only possible if the actual area deviates by more than 10 percent from the contractually agreed area.
I have attached a very interesting link with a discussion of this Federal Court of Justice ruling for your reference:
http://www.rechtsanwalt-rossbach.de/Urteile%20Mietrecht/BGH%20Wohnflaeche%20Abweichung%2010%25%20Mietmangel.htm
The question arises whether to refer to the total area or the living space. If the total area is considered, the difference between 75 square meters and 68 square meters does not amount to 10 percent (the actual size of the apartment would have to be at least 67 square meters).
In this case, a rent reduction would not be possible, as according to the Federal Court of Justice, there would be no defect in the rental property. However, it would be different if the living space were considered. With a contractually agreed living space of 65 square meters compared to an actual living space of 53 square meters, there is a deviation of well over 10 percent, making a defect that justifies a rent reduction.
In your case, the actual living space is what matters, not the total area, as there is an explicit subdivision in the contract.
In your case, the living space is undershot by more than 10 percent, entitling you to a proportional reduction.
I have attached a very interesting link on this topic, from which you will also find a reference to this right to reduction at the very bottom:
http://www.juraforum.de/lexikon/Wohnfl%C3%A4chenberechnung
Regarding 2.) Furthermore, it is important for me to know how to argue with my landlady. How much money can I now deduct monthly from a rent of 450 EUR cold + 80 EUR ancillary costs. Can I now demand money retroactively?
You should refer to the Federal Court of Justice ruling to your landlady and indicate that, according to your description, the actual living space was significantly more than 10 percent undershot.
You cannot request money retroactively. You can only demand money from the point at which you reported the defect to the landlady.
As stated above, you are entitled to proportionally reduce the rent.
A more precise quantification is unfortunately not possible from a distance, as a more accurate calculation of the apartment size according to the residential area regulation (which you can also find in the links I have attached) would be necessary. Based on your description, the rent reduction is likely to be between 50.- EUR and 75.- EUR.
I hope that my explanations have helped you. You can always contact me within the scope of the follow-up option on this portal or via my email address.
Finally, I would like to point out the following: The legal advice I have provided is based solely on the information you have provided. My answer is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances. Adding or omitting relevant information can result in a completely different legal assessment.
I wish you a pleasant Friday afternoon!
Kind regards
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
