What are my duties as a tenant in the case of mold infestation?
September 29, 2022 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
I am reaching out to you as I urgently need advice regarding a mold infestation in my rental apartment. For some time now, I have noticed mold spreading in various rooms of my apartment. Despite regularly airing and heating the rooms, the problem does not seem to improve. I am concerned about my health and that of my family, as mold can be harmful to health.
I have already informed my landlord, but he is reacting slowly and not taking any concrete steps to remove the mold. I no longer feel comfortable in my apartment and wonder what rights and obligations I have as a tenant in this situation. Do I have to arrange for the mold to be removed myself, or is it the responsibility of my landlord? What steps can I take to find a solution to the problem?
I would like to know what legal steps I can take as a tenant to combat the mold infestation in my apartment and what obligations I need to consider. I want to ensure that my rights as a tenant are upheld and that the mold is professionally and permanently removed.
Thank you in advance for your support and professional advice.
Sincerely,
Mia Klett
Dear Mrs. Klett,
Thank you for your inquiry regarding the mold infestation in your rental apartment. Mold in the apartment is indeed a serious problem that can affect not only the building structure but also the health of the residents. As a tenant, you have certain rights and duties to consider in such a situation.
According to § 535 of the German Civil Code (BGB), the landlord is obligated to hand over the rental property to the tenant in a condition suitable for the contractually agreed use and to maintain it in that condition during the rental period. This includes ensuring that no health-threatening damages such as mold occur. Therefore, if mold appears in your apartment, it is generally the landlord's responsibility to eliminate it.
If your landlord does not respond to your complaints and does not take any measures to remove the mold, you should formally request in writing that the problem be resolved promptly. Set a reasonable deadline for this and make it clear that you will take further legal action if necessary. If the landlord remains inactive even after the deadline, you may consider reducing the rent or even terminating the lease immediately if the apartment becomes uninhabitable due to the mold infestation.
Furthermore, in your letter to the landlord, you should also mention the health risks associated with mold and suggest a visit by an expert or a specialist. This can help emphasize the seriousness of the problem and prompt the landlord to take action.
It is important to document all steps and communications with the landlord in writing so that you can prove that you have fulfilled your duties as a tenant in case of a legal dispute. If you have any further questions or need assistance, I am happy to help.
Best regards,
Günther Schulz
