In the cool apartment, many seek protection from the heat outside - but what if the temperatures are at their highest there? Do I have the right to a rent reduction?
When it comes to rent reductions in the event of excessive heat in the apartment, many courts disagree. Because there is no general legal regulation that stipulates a rent reduction by a certain percentage as soon as the temperature in the apartment is unbearable. But in order for you to be able to make a difference to your landlord, some criteria must be met.
These rules of thumb apply to high temperatures in the home
So-called technical rules apply in workplaces, which stipulate that room temperatures must not be higher than 26 degrees . According to Anja Franz, spokeswoman for the Munich tenants' association, this limit can also be transferred to rental apartments. "Since temperatures above 26 degrees in the apartment are likely to impair the quality of living and thus a deficiency, the tenant can also reduce the rent," she explains to the online portal Immowelt.
In addition, the higher regional courts of Hamm and Rostock ruled a few years ago that the internal temperatures on hot days should be six degrees below the external values (Ref .: 30 U 131/06 and Ref .: 3 U 83/98).
In order to be able to prove excess temperatures, tenants must name a witness or use a thermometer, which records and stores the maximum temperatures.
These decisions were made by courts on similar cases
Whether you can bring about a rent reduction is linked to many criteria and is assessed differently from case to case. The district court of Hamburg decided that a temperature of 30 degrees in the apartment during the day is not to be expected of the resident and awarded the tenant a rent reduction of 20 percent (Az .: 46 C 108/049).
Those who live in an attic apartment, however, have bad cards. After all, according to the Leipzig District Court (Az .: 164 C 6049/04), tenants must be aware in advance that living spaces under the roof heat up more than others . Therefore, temperatures of 30 degrees Celsius are to be accepted.
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Excessive heat: how to proceed with the landlord
Report the defect to your landlord as soon as possible and ask them to rectify the problem. You can do this in writing by registered mail or inform the landlord personally with witnesses - in order to be able to prove later that the defect was noticed. You should also set a deadline .
If the landlord has not acted after this period, the rent may be reduced. However, the rent reduction would only apply to the days of the month when it was particularly hot - and not to the entire month, as Anja Franz explains.
In addition, it is up to the landlord how he provides heat protection . Tenants, for example, cannot plead for certain measures - such as appropriate insulation. Finally, awnings, blinds or air conditioning would also help. If the tenant wants to lend a hand and provide thermal insulation, the consent of the landlord must be obtained beforehand.
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