Ask a lawyer on the topic of Tenancy law

Mold after moving out

December 13, 2010 | 45,00 EUR | answered by Bernhard Müller

Dear Sir or Madam,

On 27.11.2010, we moved out of our former 2-room apartment and discovered mold behind the wardrobe and bedside tables during the dismantling of our bedroom. The mold had spread to the back walls of the wardrobe, our mattresses, slatted frames, etc. We demanded compensation from our former landlady. However, on 11.12.2010, we received a letter from her, in which she wants to hold us responsible for the mold and expects us to bear the costs of its removal by a certified company. Can our landlady actually impose these costs on us without providing any evidence that we caused the mold (allegedly due to improper ventilation)? We believe that the moisture in the basement has seeped into the dividing wall and the exterior wall of the house.

Furthermore, I am also questioning whether we even have a valid lease agreement. Since it was issued until 31.07.2009 and was not extended by our former landlady. This would mean that there is no longer any contractual basis.

I have compiled the lease agreement, our compensation letter dated 02.12.2010, a postcard from our former landlady dated 08.12.2010, and the letter from our former landlady dated 10.12.2010 into a PDF file.

I would be very grateful for a prompt response.

Kind regards,

Bernhard Müller

Dear questioner,

You had a valid indefinite lease agreement. The 31.07.2009 was not a fixed term of the lease but only the date on which you first had the opportunity to terminate the contract.
This is irrelevant for the question of who pays for the mold removal, as you used the apartment until 27.11.2010.

Without evidence, the landlord cannot demand the costs of removal from you.
She must prove that the mold is not due to a structural defect. A damp basement is indeed an indication that a defective building structure is the cause of the mold.

If the landlord fails to prove that the mold was not caused by a defective building structure, she must pay for the removal of the mold herself.

Only if she manages to provide this proof, you must prove that you ventilated correctly, and if you fail to provide this proof, you must pay for the removal.

Yours sincerely,

Bernhard Müller Attorney at Law