Mouse infestation - Right to terminate?
May 6, 2009 | 25,00 EUR | answered by Dr. Lars Nozar
Good day!
I have a very big problem. A month ago, I discovered the first mouse in my apartment. After informing the property management, an exterminator showed up. Unfortunately, it seems to have been without much success, as the critters apparently continue to multiply. Even the exterminator, who has been visiting me frequently lately, speaks of at least 15 animals wreaking havoc in my apartment at night. My entire kitchen shows signs of their presence, such as mouse droppings, nibbled food, etc. Not that I am not an animal lover, but it has gotten so bad that I am plagued by nightmares, I try to sleep at friends' places as often as possible, and eat out. I can hardly enter my kitchen out of fear.
I would like to know how much I can reduce the rent by and if I have a right to terminate the lease early?
Thank you!
Hello, first of all, I ask you to set a definite deadline - in writing with witnesses - to the landlord. In this letter, you demand the disturbance to be eliminated by no later than xy. A deadline of seven days should be sufficient. At the same time, you should write "Should the disturbance not be resolved by the deadline, I reserve the right to terminate the lease without notice or to reduce the rent by 25% of the cold rent".
If the deadline cannot be met, you can decide how you would like to proceed. Please note that the mice must be coming from somewhere. Therefore, I personally recommend moving out (termination without notice). After all, mice and their droppings often carry diseases. Please also keep a record - preferably with witnesses - of the frequency of occurrence and the number of mice. This can serve as evidence.
If problems arise, do not forget the following:
The District Court of Brandenburg/Havel had a similar case (Case No. 32 C 520/00). The judgment should be mentioned as a "comparative judgment".
The appearance of a single mouse - according to general German jurisdiction - is not grounds for termination. However, the appearance over a longer period of time should be seen as a plague and simply not acceptable. Take note of the rent reduction ruling of the District Court of Cologne (Case No. 209 C 520/02)!
Suggested wording for termination threat:
"Salutation.
As I have informed you since ____, there is a mouse infestation in the apartment. So far, you have not been able to control the mouse infestation. Therefore, I am setting a deadline for you to (specific date, seven days) to finally eliminate the disturbance. If you fail to do so by then, I will terminate the lease without notice.
Sincerely,"
That's it. No more text is necessary. I hope this helps.
