Anyone who has to reduce the rent is often unsure whether they can calculate the reduction based on the rent including the rent or the rent excluding the rent. You should refer to a judgment by the Federal Court of Justice and use the correct assessment basis.
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 Hanhoerster see.
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.
- 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.
Unfortunately, it is everyday life that many landlords keep repeating their landlord duties ...
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