Rent reduction for Balcony, Terrace & Outdoor Areas
Balcony, terrace, cellar compartment, parking space: whatever is in the tenancy agreement or was handed over when you moved in belongs to the rented property. If you cannot use those areas, you may reduce the total rent.
5 types of defect · rates from 0 % to 15 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Terrace unusable (summer)
5–15 %The terrace cannot be used in summer.
Deadline for the repair: approx. 14 daysBalcony unusable
3–10 %The balcony cannot be used, e.g. because of scaffolding or building work.
Deadline for the repair: approx. 14 daysCellar unusable
2–10 %The contractually agreed cellar cannot be used.
Deadline for the repair: approx. 14 daysScaffolding in front of the windows
0–10 %Scaffolding reduces daylight and poses a burglary risk.
Deadline for the repair: approx. 14 daysParking space / garage unusable
0–10 %The parking space or garage cannot be used.
Deadline for the repair: approx. 14 daysThe legal position
With outdoor areas the courts count with the calendar. A balcony closed off in July weighs considerably more than the same balcony in January. For a parking space the agreement decides: if you pay a separate rent for it, you reduce that amount and not the rent for the flat.
Every reduction requires a defect notice (Mängelanzeige) under § 536c BGB, because the claim only becomes enforceable once the landlord knows. To the guide: writing a defect notice
Frequently asked questions about Balcony, Terrace & Outdoor Areas
How much rent reduction is possible for Balcony, Terrace & Outdoor Areas?
The guidance values in this category range from 0 to 15 percent of the gross warm rent. The highest rate falls to “Terrace unusable (summer)” at up to 15 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Balcony, Terrace & Outdoor Areas?
This category covers 5 types of defect: Balcony unusable, Terrace unusable (summer), Cellar unusable, Parking space / garage unusable, Scaffolding in front of the windows.
What do I have to do before I reduce the rent?
Report the defect to your landlord in writing without delay (§ 536c BGB) and set a deadline for the repair as a specific date. Only from the landlord's knowledge onwards is the reduction practically enforceable. If in doubt, keep paying under protest for now.
Other defect categories
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