My landlord is not making any repairs in the apartment, what can I do?
April 29, 2023 | 40,00 EUR | answered by Emma Richter
Dear attorney for tenancy law,
I am reaching out to you with a problem that is causing me great distress. My name is Felix Schmitt and I am a tenant in an apartment that I have been living in for several years. Unfortunately, I have recently noticed that my landlord is not carrying out any repairs in the apartment, despite there being some defects.
Current problems include leaky windows, a broken heating system, and mold formation on the bathroom ceiling. These defects significantly affect my quality of life and I am concerned about my health and safety in the apartment. Despite multiple requests and complaints to the landlord, nothing has been done so far.
I am now wondering what legal options I have as a tenant to compel my landlord to carry out the necessary repairs. Are there any legal regulations that require the landlord to take care of the maintenance of the apartment? Can I demand a reduction in rent if the defects are not fixed? And how should I proceed if the landlord continues to be inactive?
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Felix Schmitt
Dear Mr. Schmitt,
Thank you for your message and for trusting in my expertise as a lawyer specializing in tenancy law. I am sorry to hear that you are facing such problems in your apartment. As a tenant, you do have certain rights and legal options to compel your landlord to carry out necessary repairs.
First and foremost, it is important to know that according to § 535 of the German Civil Code (BGB), the landlord is obligated to maintain the rental property in a condition suitable for its intended use. This means that he is responsible for the maintenance of the apartment and must remedy any defects that affect its intended use.
In your case, with leaky windows, a faulty heating system, and mold formation on the bathroom ceiling, these are indeed defects that significantly affect the intended use and must therefore be rectified by the landlord. You should therefore set a reasonable deadline for the landlord to remedy the defects in writing. If the landlord fails to fulfill this obligation, you can claim a reduction in rent.
A rent reduction means that you can reduce the rent according to the degree of impairment caused by the defects. The amount of rent reduction depends on the severity of the defects and the impact on your quality of life. It is important that you calculate the rent reduction correctly and inform the landlord in writing.
If the landlord continues to be inactive even after the rent reduction, you have the option to apply for an interim injunction at the competent court. With this injunction, you can compel the landlord to carry out the repairs. It is advisable to seek support from a lawyer to effectively enforce your rights.
I hope that this information helps you and supports you in your current situation. If you have any further questions or need legal advice, I am at your disposal.
Best regards,
Emma Richter
Lawyer
