Ask a lawyer on the topic of Tenancy law

Mold on the silicone seals of the windows.

September 23, 2009 | 30,00 EUR | answered by Andreas Scholz

Dear lawyers,

Since July 2004, we have been living in a semi-detached house on a rental basis. During the handover of the apartment, the defects, including mold on the silicone seals of the windows, were noted in the protocol and the landlord committed to rectifying them. However, to this day, nothing has been done despite several verbal requests for rectification. The property manager, who is also the head of the construction company that built these houses (we signed the rental agreement with him, but later found out that he is not the owner, as this is not stated in the rental agreement), has been here several times a year and has always postponed or promised to address the issue in the next spring, then in the autumn, etc. There have been issues with the window company that installed them regarding warranty claims. We were told to be patient. What should we do? Has our right to reduce the rent expired because this has been dragging on for so long, as he has repeatedly made promises to us? Thank you in advance for your response.

Best regards,

Andreas Scholz

Dear questioner,

Displayed defects in the rental property generally entitle you to a reduction in rent. This only applies if the defects are insignificant, according to § 536 para. 1 BGB.

Your right to reduce the rent has not expired. Therefore, if the defects you mentioned are not insignificant, you can still reduce the rent. The extent to which you can reduce it depends on the specific defects. Since you have documented them, I recommend contacting the local tenant association to have the defects evaluated. A reduction could then be made by you as a percentage of the rent.

Furthermore, the highest court rulings also support the position that the reduction can be claimed retroactively, which in your case concerns the period from the notification of the defects. A retroactive reduction is therefore also an option for you.

I hope this helps. If you have any further questions, feel free to ask.

Sincerely,

Andreas Scholz, Attorney