Possible Rent Reduction for Apartments

What happens when your apartment develops problems? Mould in the bedroom, persistent construction noise, or a lift that has been out of service for weeks – many tenants ask themselves whether they still have to pay the full rent in such cases.

The Standard: "Average Usability"

As a general rule, if an apartment becomes less usable than contractually agreed, the rent can be reduced accordingly. The decisive criterion is average usability (mittlere Brauchbarkeit) – the apartment must be usable to the extent that tenants can reasonably expect.

Mould

Mould is a classic case. Small patches in a storage room are annoying but usually only justify a minor reduction. However, if mould spreads to living or sleeping areas or poses health risks, the rent can be reduced significantly – by 15 to 50 percent.

Noise

Persistent noise can also justify a rent reduction. Ongoing construction sites, loud neighbours, or nightly disturbances are more than just a nuisance. The noise must occur regularly and significantly exceed what is usual in the area. Occasional sounds must generally be tolerated. Possible reductions: 15 to 25 percent.

Broken Lift

A broken lift particularly affects residents on upper floors. If it breaks down only briefly, this is usually acceptable. However, if the outage lasts weeks, daily stair climbing can be a clear restriction – especially for elderly or mobility-impaired persons. Depending on the floor, a reduction of around 20 percent may be justified.

Legal Tip

Never reduce the rent impulsively or based on gut feeling. Document defects with photos, records, or witnesses and notify the landlord in writing. If in doubt, a brief consultation with a lawyer will protect you from costly mistakes.