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RENTING

EXPLAINED: How to get a rent reduction for problems in your German flat

Living in a flat with mould on the walls or that's in need of renovation? Under German law, you may be able to get a reduction in rent. Here's what you need to know.

Damaged floorboard
A tenant takes a photo of a damaged floorboard. Photo: picture alliance/dpa/dpa-tmn | Robert Günthera

According to the German Tenants’ Association, rental defects are the subject of around 20 percent of their consultations with tenants. And it’s no wonder: even with the most scrupulous landlord, things are bound to go wrong from time to time.

If they do, it’s well worth knowing your rights, because you may be entitled to a reduction in your rent until the problem is fixed.

Though this certainly doesn’t mean cheaper rent for life, it can make things more affordable for the time being or give your landlord the impetus they need to get the issue solved. 

What kind of things count as a defect in the property?

Technically, a defect is anything that stops you using the property in the way you would expect or the way it is set out in the contract. That could mean rooms, corridors, stairs, cellars or attics falling short of the condition that was promised – perhaps because of mould, damp or cracks in the walls. It could also mean facilities like heating, hot water or lifts being broken. It could also be due to faulty locks or intercom systems. 

Though we don’t have space here to go into the specifics of all the rules your landlord has to abide by, it may be helpful to know that you’re entitled to water temperatures of at least 40 degrees centigrade and room temperatures of at least 20-22 degrees centigrade during the day -or 18 degrees at night. In other words, nobody should have to put up with an ice-cold apartment or lukewarm showers. 

Noise disturbances from inside the house or a neighbouring house could also count as a defect, but there are a few conditions.

In the most obvious cases, the noise will breach the regulations in your state, which normally dictate that there should be no excessive noise between 10pm and 6am at night, on Sundays and for a few hours around midday. There are also usually restrictions on playing music or practicing a musical instrument for a prolonged period of time. You should find a summary of all of this in the house rules (Hausordnung) you had to sign when you moved in. 

Let’s be clear though: you don’t have to put up with unpleasant noises just because they happen during the day. If the noise levels are disturbing your ability to use the flat and your quality of life, you may well have a case for a rent reduction. 

READ ALSO: Renting in Germany: What you need to know about keeping pets

According to letting agent Promeda, noise, mould, insufficient heating and hot water and building work are some of the most common reasons for rent reductions

Unfortunately, when building work is the problem, things get a bit more complicated. Some landlords have been known to include clauses in the rental contract that waive the right to complain about certain renovations and other building work. However, if you haven’t been forewarned about this particular building project, you should definitely be financially compensated for living with unpleasant things like noise, dust and junk.

But what if I caused the damage myself?

Generally, accidental damage to the property should still be covered by the landlord (and hopefully their insurance!) but you won’t be entitled to a reduction in rent while it’s being fixed. 

What steps should I take to reduce my rent?

If you notice anything wrong with your flat or building, the first step is to get in touch with the landlord or letting agent right away and make them aware of the issue. Of course, they probably won’t just take your word for it, but may want to verify the problem with a quick visit or through photographs. 

This should be easy enough in the case of a crack in the wall or a broken lift, but can be a little trickier in the case of noise. Generally, the best thing to do in case of a noise complaint is to fill in a log of when it happens and what type of disturbance it is. If possible, you may want to get witnesses such as other tenants in your building to fill in similar logs. 

If they don’t, or if it’s a problem that can’t be fixed overnight, it’s worth getting some advice from a tenant’s advocacy group or asking your landlord for a rent reduction until the work is done. It’s worth bearing and mind that the rent reduction law is in place as an incentive for landlords to sort issues quickly. That means they may well decide to rectify the problem right away.

READ ALSO: Six confusing things about renting a flat in Germany

The landlord says the repair was delayed. Do I still get reduced rent?

Generally yes. According to the outcome of a recent court case in Berlin, tenants are still entitled to a rent reduction even if the delays to work aren’t entirely the landlord’s fault. 

The landlord in question had tried to evict tenants who had withheld rent while waiting for a damp wall to be fixed. But the court ruled that the tenants did not have to put up with the damp due to the unreliability of the builders that were chosen by the landlord.

Nevertheless, you may be on shaky ground if you deliberately obstruct the work in order to continue withholding rent. In the Berlin case, the court noted that the tenants had been cooperative with the builders, letting them into flat regularly and even at short notice.

Builders in Hannover

Two builders work on scaffolding in Hannover. Building work can lead to rent reductions. Photo: picture alliance/dpa | Cindy Riechau

How much of a rent reduction can I get?

That all depends on the kind of defects there are – and how much of the flat is still liveable as a result. 

According to Ulrich Ropertz from the Tenants’ Association, renters should consider how much the residential value of the flat is impaired by the defect when deciding how big the discount should be. 

For example, if the heating is broken in one room in a five-room flat, then the room is uninhabitable in winter and a rent reduction of 15-20 per cent might be appropriate. In the case of a two-room flat, the reduction would be higher, since half of the living space would be rendered uninhabitable, Ropertz told FR.

If the problem is so serious or widespread that the flat can’t be lived in at all, the tenants shouldn’t have to pay any of the rent until the problem is remedied. Of course, this would also mean finding alternative accommodation for that time. 

An open door

A radiator next to an open door. Leaky windows and uninhabitable temperatures can both be reasons for rent reductions. Photo: picture alliance/dpa/ISOTEC GmbH | Cornelis Gollhardt

As you might imagine, most issues are treated on a case-by-case basis, but letting agents and tenants’ associations should tend to have an idea of what’s appropriate in different cases.

Berlin-based letting agent Promeda, for example, point out a number of ballpark figures in their blog on rent reductions. According to them, having no hot water generally leads to a 15 percent cut in rent. This goes down to 3.5-10 percent if the water takes a long time to warm up.

For bad smells, a rent reduction of 5-20 percent is generally deemed appropriate. If the cold leaks through a single window, 5 percent is once again the ballpark figure, but this could go up to 20 percent if all windows are affected and the flat must be heated more as a result. 

Meanwhile, for building work, a small amount of noise can lead to a reduction of five percent, but this can go up to 35 percent for major disturbances. 

READ ALSO: Why rent prices in major German cities are starting to fall

Is it the reduction applied to my ‘warm’ or ‘cold’ rent?

As you may or may not know, the basic rent in Germany is called ‘cold’ rent, while rent with bills like heating and other service fees included is called ‘warm’ rent.

It’s important to note that any percentage deducted should be applied to your warm rent, not your cold rent – meaning you get a bigger reduction in costs overall. 

Useful vocabulary 

rent reduction – (die) Mietminderung 

defects – (die) Mängel

defective – mängelhaft 

noise disturbances – (die) Lärmstörungen 

unacceptable / unreasonable – unzumutbar 

We’re aiming to help our readers improve their German by translating vocabulary from some of our news stories. Did you find this article useful? Let us know.

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INSIDE GERMANY

Inside Germany: Becoming German, European election vote and the Scottish ‘Mannschaft’

From what we can expect from voters at the European elections to what citizenship means to foreign residents and the Scottish take on the German word 'Mannschaft', here are a few things we're talking about this week.

Inside Germany: Becoming German, European election vote and the Scottish 'Mannschaft'

Inside Germany is our weekly look at some of the news, talking points and gossip in Germany that you might not have heard about. It’s published each Saturday and members can receive it directly to their inbox by going to their newsletter preferences or adding their email to the sign-up box in this article.

What can we expect as Germany goes to the polls for Europe?

On Sunday, EU citizens living in Germany will cast their vote to elect a new European parliament. 

A lot has changed since the last elections were held back in 2019 – the UK has since left the EU (meaning no Brits in Europe can vote unless they have an EU citizenship), we’ve experienced a worldwide pandemic and war has broken out in Europe. 

The big story of 2019 from Germany was the Green surge. 

Although the centre-right Christian Democratic Union (CDU) and its Bavarian sister party the Christian Social Union (CSU) received the largest share of votes (28.7 percent), the Greens won more than 20 percent of the vote in Germany, increasing by about 10 percent from 2014.

Support for the conservatives and the Social Democrats (SPD) dropped considerably. 

So what can we expect from voters in Germany this time? 

According to recent polls, the conservatives are likely to secure a victory on the German side of things. The CDU and CSU will scoop up around 30 percent of the vote, according to surveys.

poster urging people to vote

A giant poster announcing the upcoming European elections, on the facade of the European Parliament building in Strasbourg, eastern France. Photo: FREDERICK FLORIN / AFP

Chancellor Olaf Scholz’s centre-left SPD, on the other hand, is only polling between 14 and 16 percent. 

The poll figures for the Greens have fluctuated. The INSA institute reported in April that the Greens could receive 11.5 percent of the vote. But recent polls show the party receiving between 13 and 15 percent – a significant drop from 2019. 

The far-right Alternative for Germany (AfD) has also lost support. While pollsters INSA predicted the party would take 22 percent of the vote back in February, recent polls put them on 14 to 17 percent.

Meanwhile, the Free Democrats (FDP), currently in government with the SPD and Greens, have been hovering between just three and five percent in polls since the beginning of the year.

Aside from these well-known parties, there are also a number of smaller ones.

If you’re eligible to vote, who will you be choosing? Good luck at the ballot box and make sure to check The Local’s coverage as the results come in. 

READ ALSO:

Germany in Focus podcast

After devastating floods in Germany that have claimed lives and cause huge destruction, we talk about how communities are coping and the areas most at risk of flooding on this week’s podcast. We also get into predictions for the European parliamentary elections and answer a reader question on how much you need to earn to qualify for German citizenship, 

With the UEFA Euro 2024 tournament coming up on June 14th, we share some interesting facts about the stadiums involved and talk about the importance of football culture in Germany with guest Kit Holden. 

What does German citizenship mean to foreign residents in Germany?

With the new citizenship law coming into force later this month, we asked The Local readers to share their feelings about citizenship and the process in a questionnaire. More than 100 people filled out our survey in just a few days and were delighted to hear about the different experiences. 

In the first of our articles, we looked at what securing a German passport means to residents. 

Of 121 readers who took our survey, 81 percent intend to apply for citizenship, while 12 percent are still unsure. 

About six percent said they will not apply, and a few respondents had already naturalised. 

A German citizenship certificate and passport.

A German citizenship certificate and passport. Photo: picture alliance/dpa | Fernando Gutierrez-Juarez

For many people, a huge benefit of citizenship is about gaining freedom of movement. 

“Free movement with the world’s strongest passport is the main goal here,” Khandakar Rahman from Bangladesh, told us. 

Others mentioned that they would feel more integrated – and have course receive full rights to voting. 

Kristian from Norway said the would “finally be an EU citizen, to be able to vote, and also to actually be German”.

READ MORE: What would German citizenship mean to foreign residents?

The Scottish ‘Mannschaft’ set to take on Germany 

As Germany is about to take on Scotland in the opener for UEFA Euro 2024, ad executives for the Scottish soft drink Irn Bru have outdone themselves. 

They’ve launched an advert playing around with the nickname for Germany’s national football – ‘Die Mannschaft’ 

READ MORE: German word of the day – Mannschaft 

I was keen to know what Germans felt about this advert featuring a guy in a kilt talking about how Scotland’s ‘Mannschaft’ may even reach the semis. 

While many Germans thought it was funny, a few pointed out that the advert technically doesn’t use the word correctly. 

One thing for sure is that the Scottish love it. 

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