The landlord must maintain the apartment. But which costs are only used for pure modernization – and may they be passed on to the tenant? The Federal Court of Justice has decided.
Renew landlord Components and facilities that are still functional, but are getting on in years, must not surrender the full costs to the tenant. Before a rent increase, the portion that is used for maintenance must be deducted.
This was decided by the Federal Court of Justice (BGH) in Karlsruhe. Otherwise, the landlord would have the opportunity to pass on any costs incurred in the near future by “carrying out the modernization shortly before the” due date “of the maintenance measures”. (Az. VIII ZR 81/19)
The landlord may add modernization costs to the rent
Maintenance includes all work that is necessary to keep the apartment or house in a tidy, habitable condition. The landlord is obliged to do so and has to bear the costs himself.
It is different with modernization: This work ensures a real improvement. The landlord can therefore add the costs to the rent up to a certain limit.
A woman from Düsseldorf who had previously paid a rent of over 300 euros for her apartment had sued. In 2016, the house was thoroughly spruced up. Among other things, the owner had the plaintiff’s approximately 60-year-old apartment door and several equally old front doors, staircase windows and mailboxes replaced.
After that, the woman fluttered two rent increases into the house within a year: one for around 190 euros, one for around 240 euros.
Mieterbund welcomes BGH judgment
In part, the Düsseldorf Regional Court had already overturned these increases. However, the judges allowed the replacement of the old windows, doors and mailboxes to pass as modernization – the plaintiff had not shown that defects would have required repairs.
The BGH is now preventing the full apportionment of the costs. After six decades the service life of the components “has already largely expired”. That must be taken into account.
The German Tenants’ Association welcomed the verdict. “This clarification from Karlsruhe is gratifying and leads to financial relief for the tenants,” said President Lukas Siebenkotten on Tuesday. So far, the tenants would have had to bear all costs as long as nothing was defective. This practice has now come to an end.
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