Rent reduction due to construction noise.
July 19, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
In mid-February, we moved into our old apartment, where our landlords told us that they probably want to insulate the house this year. When we came home from work on 07/16/2009, there was suddenly scaffolding on the street side of the house, where work continued on 07/17/2009. Doesn't the landlord have to adhere to a certain deadline and inform us in writing about this construction project??? How much rent can be reduced??? From our two neighbors, we only know that about 2 weeks ago they found out in connection with their lodged objection against the 2008 utility bill.
Sincerely, OLLi
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions as follows, taking into account your input and the description of the situation:
In the case of renovation of an apartment, the landlord must announce modernization measures at least 3 months in advance, cf. § 554 para. 3 BGB.
However, in your case, the insulation appears to be a renovation measure rather than a modernization measure. Therefore, this provision is not applicable.
Section 554 para. 1 BGB simply states that the tenant must tolerate measures to preserve the rental property. There is no legal requirement for a notification period.
In certain cases where the lack of notification of a measure would pose an undue hardship for the tenant, an appropriate notification period would still need to be observed (for example, if the measure is to be carried out in the tenant's apartment).
However, in your case, it concerns exterior work, so an announcement is generally unnecessary.
As a tenant, you are generally entitled to reduce the rent due to significant construction noise, with the amount of reduction depending on the specific circumstances, particularly the intensity of the noise.
Depending on the degree of disturbance, the rent may be reduced by between 25% and 33% (LG Berlin GE 96, 1051; LG Hannover WM 86, 311; AG Hamburg WM 9/91, VII).
Unfortunately, it is not possible to determine the exact amount of reduction remotely in an initial consultation.
I hope this provides you with an initial legal orientation and wish you success and all the best!
I would like to conclude by pointing out the following:
The legal advice provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me for further questions either through the follow-up option on this platform or via my email address.
Wishing you a pleasant weekend!
Yours sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
