Of renting reduction one speaks, if a renting thing error or lack exhibits and is only owed therefore a shortened rent.

With an error or a lack of the renting thing the rent is automatically reduced (see "§ 536 BGB). That is, a renting reduction must be requested nor approved neither.

Conditions for a renting reduction are:

The lack may be not insignificant.

The lack was not caused imprisonment for debt by the tenant.

The tenant did not have a knowledge of the lack during signing of the agreement and this knowledge with the Vorabbesichtigung have attained could also not (e.g. the freedom of movement of the windows by simply opening and reasoning).

The renting reduction is impossible, if

the tenant the lack with contract conclusion knew;

the lack the tenant with contract conclusion remained unknown because of rough negligence and the landlord the lack not consciously concealed;

the tenant the lack with housing delivery knew and its rights with the acceptance did not reserve themselves;

the tenant a lack, which arose during the Mietzeit, to which immediately landlord did not indicate and who could create landlords therefore no remedy.

The tenant cannot be reduction decrease (more) because of unreserved payment to lose (so still the old legal situation by 31 August 2001). This can be only after a tacit renouncement (in practice unbedeutsam) or after the principles of faithful and faith the case.

The right for renting reduction is entitled to the tenant of the Mieterin also if by landlord side characteristics of the renting thing were assured, which do not exist actually or are omitted later. This is to be wanted to accomplish for example the case, if the landlord assures with the contract conclusion, certain measures, which increase the living value.

With dwelling leases the right cannot be excluded for renting reduction.

Height of the renting reduction

If the rent is to be shortened due to a lack, the reduction decrease is to be determined. Since the rent is automatically reduced for the duration of the defectiveness (see above), must themselves the tenant after notice of defects opposite the landlord only destined to its reduction decrease.

To the height an abundance of court decisions, which give reference points for proportional reduction, gives the decrease in individual cases. Generally it applies that a landlord may not quit to the tenant with an entitled reduction. That applies, even if the reduction is too high in the result; this can have however negative cost sequences in case of a Zahlungsklage, if the reduced rent is made valid by Zahlungsklage by landlord side.

After a judgement of the Federal High Court (BGH, Az. XII ZR 225/03) forms the gross rental inclusive additional expenses the basis for a renting reduction.

If it comes to the controversy, the tenant must prove the lack and the punctual notice of defects. An early preservation of evidence by photo, a witness, etc. is important.

Related links

• Councellor for the topic renting reduction and explanation of the risks

Articles in category "Renting reduction"

We found here 12 articles.