Rent reduction of rent including cold or warm rent?

Do not calculate rent reduction from the warm rent from the cold rent

• A rent reduction should always be calculated exactly. For a long time, it was controversial in the jurisprudence whether the rent excluding heating or rent is the starting point of the rent reduction.
• Note that the Federal Court of Justice has now clarified in the judgment file number: XII ZR 225/03 has that the assessment basis for the rent reduction is not the basic rent, but the gross rent is.
• This means that you deduct the amount to be reduced from the rent including all operating costs and heating costs.
• To do this, first find out in a reduction table about the amount that you can reduce in the event of your deficiency, and then deduct this amount from the warm rent. For example, you can find a reduction table on the
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How to carry out the rent reduction

• First of all, there must be a defect in your rented apartment. You must then report this defect to the landlord.


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• Your landlord can now ensure that the defect is repaired. If this does not happen, give him a deadline for rectification. You can announce the rent reduction when setting this deadline.
• Note that you can also estimate the rent reduction retrospectively.
• Write a letter to your landlord announcing the rent reduction and informing him of when and how much you will reduce the rent. You use the rent including heating as a basis for assessment, not rent excluding heating. If you have already reduced the rent excluding the rent, you can subsequently set up a new calculation based on the rent including the warm rent and offset this.