In principle, it should be checked whether it is a matter of modernization (raising the living standard) or just repairs or maintenance measures.
Modernization or maintenance?
If the landlord correctly announces a modernization, tenants have one month after the end of the month in which the letter was received to express any objections. This period only applies if the lessor has pointed it out. Since errors in the objection to a modernization measure can no longer be corrected after the deadline has expired, it is recommended that you seek legal advice before responding to the letter of announcement.
There must be 3 months between the announcement of the modernization measures and the start of construction work. The period begins with receipt of the letter. The work, its start and the expected duration must be specified.
Luxury modernizations or unreasonable work that would mean particular hardship (remodeling of the apartment or complete unusability of the apartment due to extensive work – e.g. working on the kitchen or toilet for weeks), the tenant does not have to tolerate and can reject them. If, from the tenant’s point of view, repairs are pending anyway, you should take a photo or have an expert report prepared to secure evidence. Because repairs are not modernization.
The landlord has to explain the costs and also explain any distribution over several tenants / apartments. The tenant should be able to check whether the standard of the house is really improved. For 3 months the tenant has to tolerate construction noise and dirt without being allowed to reduce the rent if the modernization is carried out to save energy. From then on, and for all other construction work, a reduction may be made if the use of the apartment is impaired. Craftsmen must be given access to the apartment, light furniture must be pushed aside by the tenant himself, heavy furniture is the responsibility of the landlord.
Whether a rent reduction of a certain amount withstands a judicial review cannot always be conclusively assessed, as this depends on several factors such as the evidence. Reduction values are always individual decisions; there is no case law with rigid values.
Important: Payment of the rent under reserve before the rent is reduced!
The BGH has z. B. confirms the landlord’s right of termination without notice in the event of delayed payment, even if the tenant mistakenly accepted a defect and reduced the rent. Basically, there is always the risk that in the event of a rent reduction that the landlord does not accept, termination will be given due to default in payment. Therefore, to be on the safe side, you should continue to pay conditionally until the situation has been clarified.
Whether a rent reduction of a certain amount withstands a judicial review cannot always be conclusively assessed, as this depends on several factors such as the evidence. Reduction values are always made on a case-by-case basis, there is no case law with rigid values, even in a single instance, reduction amounts can be assessed differently. This has been confirmed by the BGH (AZ: VIII ZR 138/11): If there is any doubt about the cause of a defect, the tenant can continue to pay the rent subject to reservation. Then he is not exposed to the risk of termination without notice until the judicial clarification. Otherwise, the tenant is responsible for non-payment if he can be accused of willful intent or gross negligence. This is also the case if he misjudges the cause of a deficiency in the apartment.
In general, the following applies: The basis of assessment for the reduction in accordance with Section 536 BGB is the gross rent (rent including all ancillary costs).
The basic obligations of the parties according to § 535 BGB:
In principle, the landlord is obliged to surrender and maintain the rented property in accordance with the contract, ie free from defects. If there are defects in the rental property, it is the responsibility of the landlord to remedy them immediately. This obligation exists regardless of fault. It is the reflection of the tenant’s obligation to pay (“one has to have money”). A distinction is made between material defects and defects of title that limit the usability of the rental property. The landlord must, however, gain knowledge of the defect.
You should therefore seek out a lawyer and secure evidence, because an unjustified reduction in price can result in termination due to late payment.
Attorney Holger Hesterberg, Wolfratshausen, Munich
Nationwide activity. Membership in the German Bar Association.
–
