Wegweiser Tenants · Housing rights Deutsch

💧 Defects and rent reduction

What to do about mould, a broken heating system and other defects, and when the rent may be reduced.

defects rent reduction mould notice of defect heating failure maintenance termination without notice

In brief

If the flat has a defect that restricts its use, the rent may be reduced by operation of law. Insignificant impairments do not count.

Important: report the defect to the landlord immediately. If you do not, you lose the right to reduce the rent and may even owe damages.

How much you may reduce depends on the individual case. The law has no fixed percentage table. Before cutting the rent, ask the tenants' association (Mieterverein) so that you do not take a risk.

In the case of energy-efficiency modernisation, rent reduction is excluded for three months.

Step by step

  1. Document the defectTake dated photos. Note since when the defect has existed.
  2. Inform the landlord immediatelyWrite to him about the defect and set a deadline for fixing it. Keep proof.
  3. Get advice before reducingHave the reduction amount checked, for example by a tenants' association (Mieterverein).
  4. Follow upIf the defect remains, talk to the tenants' association about next steps.

Deadlines

without delay
Notice of a defect to the landlord§ 536c BGB
3 months
No rent reduction for energy-efficiency modernisation§ 536 Abs. 1a BGB
Watch out – common mistakes
  • Without notice you lose the right to reduce the rent and may owe damages (§ 536c BGB).
  • The amount of the reduction is a question for the individual case. We deliberately give no percentages here.
  • If you reduce too much, you risk default on payment and termination. Get advice first.
  • You cannot validly waive your rent reduction rights in the tenancy agreement (§ 536 Abs. 4 BGB).
In depth · legal basis, figures and practice – for advisers and professionals

Rent reduction, § 536 BGB

If the rented property has, at the time it is handed over, a defect that removes its suitability for the use agreed in the contract, or if such a defect arises later, the tenant is exempt from paying rent for the period of the removal. If suitability is only reduced, an appropriately reduced rent applies. An insignificant reduction in suitability is disregarded. Rent reduction is excluded for three months in the case of energy-efficiency modernisation (para. 1a). The provision applies accordingly if a third party wholly or partly deprives the tenant of use (para. 3). Deviating agreements to the tenant's detriment are invalid for residential premises.

Duty to give notice, § 536c BGB

The tenant must report defects without delay. If he fails to do so, he cannot rely on rent reduction, damages under § 536a or termination without notice under § 543, and is liable to the landlord for damage resulting from the omitted notice.

Percentages

The law names no fixed reduction rates. The courts decide according to the circumstances of the individual case. Specific rates were not checked against primary sources for this Wegweiser.

Who is responsible
  • Landlord or property management (notice of defect)
  • Tenants' association (Mieterverein, advice on rent reduction)
  • Local court (Amtsgericht, in a dispute)
Further reading
Rent arrears and grace-period paymentAdvice and contact points

Quick questions

Worum geht es bei „Defects and rent reduction“?
What to do about mould, a broken heating system and other defects, and when the rent may be reduced.
Which deadlines and figures matter?
  • without delay: Notice of a defect to the landlord (§ 536c BGB)
  • 3 months: No rent reduction for energy-efficiency modernisation (§ 536 Abs. 1a BGB)
What should I do first?
  • Document the defect: Take dated photos. Note since when the defect has existed.
  • Inform the landlord immediately: Write to him about the defect and set a deadline for fixing it. Keep proof.
  • Get advice before reducing: Have the reduction amount checked, for example by a tenants' association (Mieterverein).
What do I need to watch out for?
  • Without notice you lose the right to reduce the rent and may owe damages (§ 536c BGB).
  • The amount of the reduction is a question for the individual case. We deliberately give no percentages here.
  • If you reduce too much, you risk default on payment and termination. Get advice first.
Evidence
  • Bundesministerium der Justiz, Gesetze im Internet, § 536 BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 536c BGB, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet, § 543 BGB, retrieved 20 September 2026
As of

September 2026 · Sources and method

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