Rent reduction for Damp & Mould
No housing defect is reported more often in Germany than mould and damp. And it rarely stops at annoyance about stained walls, because mould spores can make you ill. The courts reflect that with comparatively high reduction rates.
6 types of defect · rates from 3 % to 100 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Drying equipment after water damage
15–100 %Noisy drying machines are set up in the apartment and restrict its use.
Deadline for the repair: approx. 7 daysMould in several rooms (severe)
20–80 %Extensive mould growth in several rooms of the apartment.
Deadline for the repair: approx. 7 daysWater damage / water ingress
10–50 %Water enters the apartment, e.g. through a leaking roof or a burst pipe.
Deadline for the repair: approx. 3 daysDamp walls / moisture penetration
5–30 %Damp walls, wet patches or moisture penetration in living areas.
Deadline for the repair: approx. 14 daysMould in one room (minor)
5–15 %Superficial mould growth on a small area in one room.
Deadline for the repair: approx. 14 daysDamp cellar
3–10 %The cellar is damp or wet (if the cellar is part of the rented property).
Deadline for the repair: approx. 21 daysThe legal position
The argument is almost never about the mould itself but about its cause. For you as a tenant one rule matters: if the landlord claims you ventilated or heated wrongly, he has to prove it. Before that he must rule out thermal bridges, poor insulation or rising damp.
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 Damp & Mould
How much rent reduction is possible for Damp & Mould?
The guidance values in this category range from 3 to 100 percent of the gross warm rent. The highest rate falls to “Drying equipment after water damage” at up to 100 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Damp & Mould?
This category covers 6 types of defect: Mould in one room (minor), Mould in several rooms (severe), Damp walls / moisture penetration, Water damage / water ingress, Drying equipment after water damage, Damp cellar.
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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