What are my rights as a tenant in case of damages in the apartment?
February 21, 2024 | 45,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
I am reaching out to you as a tenant currently facing some damages in my apartment and unsure of my rights in this situation. For some time now, I have noticed signs of moisture on the walls of my apartment and also mold formation in some corners. Additionally, the heating system is not working properly, causing difficulties in adequately heating my apartment during the cold months.
I have already informed my landlord multiple times about these damages, but so far no measures have been taken to address them. I am concerned about my health due to the mold and about my heating costs, as the heating system is not functioning properly. Therefore, I would like to know from you what rights I have as a tenant in this situation. What steps can I take to compel my landlord to address the damages? Can I claim a rent reduction, and if so, by how much? Are there any legal deadlines by which the landlord must remedy the damages?
I thank you in advance for your assistance and look forward to your expert advice.
Sincerely,
Dietrich Hohenwarter
Dear Mr. Hohenwarter,
Thank you for your inquiry regarding the damages in your apartment and your rights as a tenant in this situation. It is understandable that you are concerned about your health and comfort and expect your landlord to take measures to repair the damages.
In Germany, tenants have the right to a defect-free apartment. This means that the landlord is obligated to keep the apartment in a condition suitable for contractual use. This includes repairing damages such as moisture stains and mold formation, as well as ensuring the proper functioning of the heating system.
If you have already informed your landlord about the damages several times and he has not taken any action so far, you should formally request in writing for the damages to be repaired promptly. Give him a reasonable deadline within which the repairs should be carried out. If the landlord remains inactive even after the deadline, you as a tenant have the right to claim a rent reduction.
The amount of the rent reduction depends on the extent of the impairment caused by the damages. In your case, where both the moisture stains and mold formation and the defective heating system are affecting your quality of life, you may consider a moderate rent reduction of about 20-30% of the rent. It is important that you announce the rent reduction in writing to your landlord and pay the reduced rent with reservation.
There are no specific legal deadlines within which the landlord must repair the damages, but the principle of "prompt" repair applies. This means that the landlord should repair the damages as quickly as possible to prevent further damages and not endanger your health.
If the landlord does not respond even after the written request and reasonable deadline, you can seek professional help, such as a lawyer specializing in tenancy law, who can assist you in enforcing your rights.
I hope this information is helpful and I am available for any further questions.
Sincerely,
Oliver Hentschel - Lawyer specializing in tenancy law
