Ask a lawyer on the topic of Tenancy law

Mold infestation carpet & renovation

February 6, 2010 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

I own a condominium on the ground floor, directly above the entrance to the underground garage. The basement ceiling is concrete and not insulated from below. In 1998, a PVC floor was laid on the screed. When the current tenant moved in, the apartment was renovated and a carpet was installed on the PVC floor with double-sided tape.

My tenant has been living in the apartment since 1.04.04 - there has been no rent increase all these years. Two years ago, he wanted to have laminate flooring in the apartment, citing "moisture" in the apartment as the reason.

Now he complains about the damp apartment and mold formation - blaming the carpet for it.

The tenant claims that the carpet is poisoned with mold spores and that he and his wife have developed a severe mold allergy as a result.

He demands that the carpet be replaced with laminate flooring after 5 years. He would install the laminate flooring himself. I would have to pay for the material costs and additionally reduce the rent by 2 months.

If the replacement does not take place, he will not pay rent anymore and I would have to find him an equivalent apartment.

I myself found that there is 50% humidity at 20 degrees room temperature in the apartment - nothing unusual. I also could not find any evidence that the carpet was infested with mold.

A surveyor has not yet been involved, my intention would be to settle amicably but I would like to know the legal situation beforehand.

Questions:

1) Is it necessary to involve a surveyor?

1.1) If yes, who is responsible for the costs?,
or is this dependent on the result of the survey?

2) Am I obligated to replace the flooring?

3) Do I have to bear the costs?

4) Can he reduce the rent by 100% and demand that I find him an additional apartment?

Other questions:

5) I have been wanting to sell the apartment for years, can I terminate the lease immediately due to the renovation work (6 months' notice period), for example citing "mold infestation" (which the tenant allegedly discovered himself)?

What do you recommend in this case? - as mentioned, I would prefer an amicable settlement.

Thank you for a prompt response.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

You should definitely obtain an expert opinion, as it will eventually come down to that. You will only have to pay for it if it turns out that you are responsible for the mold due to the structural situation.

Only in this case would the tenant be entitled to a rent reduction. The amount of the reduction would then depend on the extent of the mold contamination, so no definitive answer can be given from a distance.

The tenant would only have a claim to laminate flooring if you had contractually guaranteed it to him, which I cannot see based on your description.

Regarding the rent reduction, which you also mentioned, it should be noted that an increase up to the local comparative rent is possible, but the rent increase must not exceed 20 percent.

The right to terminate the lease prematurely would generally only belong to the tenant and only if it is not him (e.g. incorrect ventilation), but you who are responsible for the mold formation (if it exists at all).

I would like to point out the following to you:

The legal advice I have given is based solely on the information provided by you. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive examination of the facts.

Adding or omitting relevant information can lead to a completely different legal assessment.

I hope that my explanations have been helpful to you. You are welcome to contact me within the scope of the follow-up option on this platform or via my email address.

I wish you a pleasant Saturday evening and a relaxing weekend!

Best regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774