Rent reduction for Health Hazards
Asbestos, legionella, lead in the drinking water: where a flat can make you ill, more than comfort is at stake. Alongside the reduction, damages and, in earnest, termination without notice under § 569 Abs. 1 BGB regularly come into play.
5 types of defect · rates from 0 % to 56 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Formaldehyde contamination
25–56 %Elevated formaldehyde levels in the apartment.
Deadline for the repair: approx. 10 daysAsbestos damaged / fibres released
10–50 %Asbestos-containing components are damaged or there is a risk of fibres being released, e.g. broken panels or asbestos night-storage heaters. Proof that airborne limits are exceeded is not required.
Deadline for the repair: approx. 7 daysLegionella in the drinking water
10–50 %Legionella limit values exceeded.
Deadline for the repair: approx. 5 daysLead pipes (limit values exceeded)
5–10 %Lead pipes in the drinking water system with limit values exceeded.
Deadline for the repair: approx. 14 daysAsbestos firmly bound and undamaged
0–10 %Firmly bound, undamaged asbestos, e.g. intact vinyl-asbestos tiles. Its mere presence generally does NOT constitute a defect; a justified concern about fibre release is required.
Deadline for the repair: approx. 14 daysThe legal position
What decides it is whether limit values are exceeded, for legionella and lead, those of the Drinking Water Ordinance. A merely felt danger is not enough, so there is practically no way around a measurement record or an expert report. Where there is an acute health hazard, the public health office (Gesundheitsamt) belongs on board immediately as well.
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 Health Hazards
How much rent reduction is possible for Health Hazards?
The guidance values in this category range from 0 to 56 percent of the gross warm rent. The highest rate falls to “Formaldehyde contamination” at up to 56 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Health Hazards?
This category covers 5 types of defect: Asbestos damaged / fibres released, Asbestos firmly bound and undamaged, Legionella in the drinking water, Lead pipes (limit values exceeded), Formaldehyde contamination.
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
Check your claim in 3 minutes
Select your defects, enter your gross warm rent and receive a finished defect notice. Free and without registration.
Check your rent reduction now