Who decides on rent reduction?
If the apartment is defective, the tenant can reduce the rent. In addition, the tenant risks being sued by the landlord for payment of the full rent. If the court decides that the rent reduction is unjustified or only partially justified, the tenant will be charged at least some of the procedural costs.
When can the rent be reduced?
When can I reduce the rent? As long as there is a defect or damage and the landlord has not eliminated it, the tenant can reduce the rent. Depending on the extent of the impairment, he can deduct between 1 and 100 percent of the rent if the apartment is completely uninhabitable.
What do I have to do before I can reduce my rent?
When deciding how much reduction is appropriate, tenants should seek advice from a lawyer or tenant protection association in advance. In any case, certain conditions must be met. The main requirement for a rent reduction is that the tenant did not cause the damage himself.
Can’t use my balcony?
The most important thing about the rent reduction in the case of an unusable balcony If the balcony is part of the rented property, it must be possible to use it in accordance with the contract. If this is not against or if the balcony has defects, tenants can usually claim a rent reduction.
When does the landlord have to renovate the balcony?
The balcony is no longer in the best condition, does the landlord have to renovate it? only real damage (e.g. wooden floorboards broken, floor cracking, railing has come loose) must be repaired by the landlord.
Can the rent be reduced retrospectively?
According to §814 BGB it means that a rent reduction cannot be made retrospectively and is even excluded. This follows from the judgment of the Berlin Court of Appeal (Az. 8 U 286/11) on tenancy law, because then a reduction can also be completely impossible due to interim forfeiture.
Can the landlord claim back the rent reduction?
The (agreed) rent reduction would therefore not have to be repaid to your landlord. However, you should definitely set your landlord a deadline in which to rectify the remaining defects. After this period has expired, you can rectify the defects yourself and demand reimbursement of your expenses, § 536a para.
When can I claim a rent reduction?
A rent reduction is only possible if the possibility of using the apartment is noticeably impaired. If a defect or error only leads to an insignificant impairment for the renter, he can indeed request remedy, ie repair, but not reduce the rent.
What is an appropriate rent reduction?
The amount of the rental reduction depends on the extent to which the usability of the rented item is impaired by the defect. Then, according to the law in § 536 BGB, the rent is to be reduced “appropriately”. However, the law does not say what appropriate means.
How high can the rent reduction be?
There is no provision in the law as to how high the rent reduction may be. The amount depends on the degree of impairment of the rented property and its duration, so that the individual case is decisive.
How high is the rent reduction for construction noise?
In past cases, a rent reduction for construction noise in the neighboring house or in the neighborhood amounted to up to 25%. However, this was only granted by the court due to a significant noise disturbance due to construction work on the neighboring property.
Can the rent be reduced because of construction noise?
If the rental use is impaired by construction noise, a reduction in the rent from the landlord can be considered. This also applies if the tenant is absent during the day (AG Regensburg WuM 1992, 476) or even during the entire construction phase.
How long do you have to put up with construction noise from your neighbors?
His neighbor has to put up with it: from Monday to Saturday between 7 a.m. and 8 p.m., with an exceptional permit, which, however, is not usually granted in private houses, even on Sundays and public holidays. He even has to put up with construction workers stepping on his property or the jib of a crane sticking out.
What percentage can I reduce my rent in the event of water damage?
A rent reduction of 100 percent is permitted if the apartment is not habitable as a result of the water damage. This is the case, for example, when there is a risk of the ceiling falling or the water is literally on the floor. If it also drips from the ceiling, 30 percent is possible.
How long do I have to endure renovation noise?
As a rule, no renovation work may then be carried out at the following times: 8:00 p.m. to 6:00 a.m. (night rest) 1:00 p.m. to 3:00 p.m. (midday rest) on Sundays and public holidays all day.
How long is construction noise allowed in the evening?
In areas where almost all houses are residential, residents have to live with construction on a construction site from 7 a.m. to 8 p.m. There is no lunch break. According to AVV construction noise, a maximum continuous noise level of 55 decibels may emanate from the construction site during the day.
How much noise is acceptable?
In purely residential areas, a threshold of 50 decibels (A) during the day and 35 decibels (A) at night is considered reasonable, measured at an open window.
How long can I drill and hammer?
As a rule of thumb, everything up to room volume is allowed during quiet times. This means noises that cannot be heard outside the closed apartment. You should therefore refrain from manual activities such as hammering or drilling and making loud music during rest periods.
How long can you hammer?
5 answers. Yes, if your house rules don’t state otherwise, you can hammer from 7:00 a.m. Therefore, in most craft businesses, the working day begins at 7 a.m.
How long can you drill?
The noise of the drill has to be accepted by the neighbors if the general quiet times are observed. According to the Equipment and Machine Noise Protection Ordinance, the following quiet times apply outside: On working days between 8 p.m. and 7 a.m., on Sundays and public holidays around the clock.
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