Rent reduction for Floor Area & Room Quality
If the tenancy agreement states more floor area than the flat actually has, you pay month after month for square metres that do not exist. At least there is this: hardly any other defect can be quantified so exactly. Here you simply measure and convert.
3 types of defect · rates from 0 % to 40 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Leaking roof / leaking ceiling
10–30 %Water enters through the roof or ceiling.
Deadline for the repair: approx. 7 daysLiving space smaller than agreed
0–40 %The actual living space falls short of the agreed area. Above a 10% shortfall the rent is reduced by exactly that percentage; up to and including 10% there is no defect.
Deadline for the repair: approx. 30 daysSummer overheating (thermal protection defect)
0–20 %The apartment heats up considerably in summer. This is only a defect if the building failed to meet the summer thermal-protection standard applicable when it was built. Higher temperatures must be accepted in loft and older flats.
Deadline for the repair: approx. 30 daysThe legal position
On floor area the Federal Court of Justice draws the line, in settled case law, at ten percent. If the actual area falls short by more than ten percent there is a significant defect, and the rent is reduced exactly in proportion to the shortfall; no concrete restriction of use is then required. If the shortfall is ten percent or less, it counts as an insignificant impairment under § 536 Abs. 1 Satz 3 BGB and a reduction is ruled out. Do not confuse the two: for rent increases the court abandoned the ten-percent rule in 2015, for reductions it continues to apply unchanged.
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 Floor Area & Room Quality
How much rent reduction is possible for Floor Area & Room Quality?
The guidance values in this category range from 0 to 40 percent of the gross warm rent. The highest rate falls to “Living space smaller than agreed” at up to 40 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Floor Area & Room Quality?
This category covers 3 types of defect: Living space smaller than agreed, Summer overheating (thermal protection defect), Leaking roof / leaking ceiling.
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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