Bathroom and toilet cannot be used
If neither your bathroom nor your toilet can be used in a rented apartment, then you should reduce the rent. In doing so, you must observe the legal framework so that you do not put yourself in the wrong by reducing your rent too much.
Disputes between tenants and landlords are unfortunately frequent. If you can hardly use your apartment due to a serious deficiency, then as a tenant you should think about a rent reduction.
When the bathroom and toilet cannot be used
- As the tenant, the landlord is obliged to provide you with the apartment "in a condition suitable for use in accordance with the contract", cf. § 535 para. 1 p. 2 BGB. This of course also means that you have a functional one bathroom with a working toilet.
- If, however, such a serious defect arises during the current rental period that the rental property is not at all more can be used in accordance with the contract, you as a tenant are released from the obligation to pay rent, cf. § 536 para. 1 p. 1 BGB. However, such a serious deficiency will be the absolute exception, and even if the bathroom or toilet cannot be used, the possibility of using the apartment will not be completely eliminated.
- However, if the usability of the apartment is reduced, you as the tenant only need to "pay an appropriately reduced rent", cf. § 536 para. 1 p. 2 BGB.
- The assessment of which deficiency leads to which reduction is often very different between the courts. If the bathroom and toilet cannot be used, however, there is a considerable restriction in the possibility of use, so that a rent reduction of 50% can be considered appropriate.
- It is best to inquire at the local tenants' association whether there is any empirical value as to how the courts responsible in your case would assess the appropriateness of the reduction.
Tenants and landlords can argue eagerly with each other. A popular topic is ...
What to consider before reducing the rent
- Before you lower the rent, however, you must give the landlord the opportunity to take remedial action.
- If you use the so-called. If you fail to report defects, you may even be obliged to pay compensation and are in any case not entitled to reduce your rent, cf. Section 536c para. 2 BGB.
- In any case, you should note that you may only reduce the rent "appropriately". If the deductible amount is too high, you will be in arrears with the payment of the rent, which under certain circumstances can lead to the landlord being able to terminate you without notice, cf. Section 543 para. 2 BGB.
If the bathroom and toilet in your apartment cannot be used for a long period of time, you have good reasons for doing so rent to be reduced accordingly. Depending on how long it takes to remedy the defect, you could then also have an extraordinary one without notice termination ponder.
How helpful do you find this article?
