What rights do I have as a tenant when there is mold in the apartment?
November 5, 2023 | 50,00 EUR | answered by Günther Schulz
Dear lawyer,
I am Fred Maier and I have an urgent concern regarding my tenancy. I have noticed mold growth in my apartment for some time now and I am worried about my health and my rights as a tenant.
The current situation is as follows: For several months, I have noticed mold spots forming on the walls in my bedroom and bathroom. Despite regular ventilation and cleaning, the mold continues to spread. I have already informed my landlord about it, but so far, nothing has been done to address the problem.
The current situation is therefore concerning, as I fear that the mold is affecting my health and may even spread to my furniture. Additionally, I no longer feel comfortable in my own apartment and I am unsure of my rights as a tenant in this situation.
My concerns are varied: Firstly, I am worried about my health and the health of my family, as mold is known to be harmful to health. Secondly, I am concerned that the removal of the mold could incur high costs, which I as a tenant do not want to bear.
Therefore, I am asking you as an expert in tenancy law: What rights do I have as a tenant if there is mold in my apartment? What steps should I take next to address the problem and enforce my rights? Are there legal options to compel my landlord to remove the mold and potentially claim damages?
I thank you in advance for your assistance and look forward to your support in this matter.
Sincerely,
Fred Maier
Dear Mr. Maier,
Thank you for your inquiry regarding the mold infestation in your rental apartment. It is understandable that you are concerned about your health and your rights as a tenant. Mold in the apartment is a serious problem that can not only affect the quality of living, but also be harmful to health.
As a tenant, you do have certain rights when it comes to mold in the apartment. First and foremost, the landlord is responsible for maintaining the rental property, which includes the removal of mold infestation. If you have already reported the mold to the landlord and they have not taken any action, legally speaking, this is not correct.
To enforce your rights and have the mold removed, you should take the following steps:
1. Written notice of defects: Write a formal letter to your landlord describing the mold infestation in detail and setting a deadline for the removal of the defects. Send this letter by registered mail to have proof of delivery.
2. Documentation of the mold infestation: Take photos of the mold in your apartment to document the extent of the problem. These pieces of evidence can help you enforce your rights later on.
3. Rent reduction: If the landlord does not remove the mold within the set deadline, you may be able to reduce the rent under certain circumstances. However, this should be done legally and appropriately.
4. Setting a deadline for the removal of defects: Give the landlord a reasonable deadline to remove the mold infestation. If they do not meet this deadline, you can take further steps.
In terms of a possible claim for damages, it is advisable to seek legal advice. Depending on the extent of the damage and the health effects of the mold, you may be able to claim damages. A lawyer specializing in tenancy law can advise you comprehensively in this case and represent your interests.
I hope that this information is helpful to you and supports you in your situation. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Günther Schulz, Attorney-at-law
