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Rental Defects and Legal Remedies – How Tenants Can Enforce Their Rights
Tenants should report defects such as mold or heating failures immediately – this is essential to claim rent reductions or compensation later.
What Counts as a Rental Defect?
A rental defect exists when the apartment does not meet the agreed condition or is unsuitable for normal contractual use. Common examples include mold, heating failures, water damage, broken windows, or excessive noise.
Once a tenant discovers a defect, they must promptly notify the landlord (§ 536c BGB). This gives the landlord the opportunity to repair the issue. If the tenant fails to report the defect, they may lose their right to claim compensation or be held liable for any worsening damage.
Tenant’s Right to Repair
Tenants have a legal right to defect removal if the problem exists at the start of the tenancy or arises later. The landlord is obligated to maintain the property in a proper and usable condition (§ 535 BGB).
In subletting situations, subtenants must inform the main tenant, who then notifies the landlord. If the main tenant fails to do so, they may become liable for damages toward the subtenant.
Rent Reduction and Other Remedies
As long as a defect persists, tenants may reduce their rent if the apartment’s usability is significantly impaired (§ 536 BGB). The reduction depends on the severity of the defect – in serious cases, such as mold or heating failures in winter, it can reach up to 100%.
Other available legal remedies include:
- Reimbursement of expenses: Tenants can reclaim repair costs if they fixed the defect themselves after the landlord failed to act (§ 536a(2) BGB).
- Compensation for damages: If the landlord is at fault, tenants may claim damages for consequential losses (e.g., ruined furniture).
- Termination: If the property becomes uninhabitable, tenants may terminate the lease without notice (§ 543 BGB).
How to Handle Rental Defects
To effectively enforce their rights, tenants should follow a structured process:
- Document the defect (date, photos, detailed description).
- Inform the landlord in writing and set a reasonable deadline for repair.
- Pay rent under reservation or announce a rent reduction if necessary.
- Seek legal advice from a tenant association or lawyer if the landlord fails to respond.
Early reporting and clear documentation help prevent disputes and protect tenants’ legal claims.
Frequently Asked Questions about Rental Defects
When is a defect considered significant?
If it seriously affects the tenant’s use of the property – for example, mold, lack of heating, or constant noise.
How much rent can be reduced?
It depends on the case. Minor defects justify small reductions; major issues like mold or no heating may justify up to 100%.
What if the landlord doesn’t respond?
Notify them in writing with a set deadline. If they fail to act, you may repair the issue yourself and claim reimbursement or reduce the rent.
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Rental Defects and Legal Remedies – How Tenants Can Enforce Their Rights
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