I have discovered mold in my apartment, what rights do I have as a tenant?
July 3, 2022 | 40,00 EUR | answered by Emma Richter
Dear Lawyer,
My name is Luisa Niemeyer and I am a tenant of an apartment in a multi-family building. Recently, I discovered mold in my apartment and I am concerned about my health and the safety of my family. The mold infestation is mainly located in the corner of our bedroom and is slowly spreading. I have already tried to remove the mold myself, but it keeps coming back.
I have already informed my landlord about the problem, but so far nothing has been done. I know that mold can pose a serious health risk and I would like to know what rights I have as a tenant to address this issue. Can I reduce the rent or even terminate the lease immediately if the landlord does not take action?
Furthermore, I am worried about the health effects of the mold on my family. Are there any specific measures we can take to minimize the health risks while the mold has not been completely removed yet?
I would greatly appreciate it if you could explain to me what legal steps I can take as a tenant in this situation and what possible solutions there are to quickly and effectively solve the mold problem.
Thank you in advance for your help and support.
Sincerely,
Luisa Niemeyer
Dear Mrs. Niemeyer,
Thank you for your inquiry regarding the mold infestation in your apartment. As a tenant, you have certain rights to ensure that your landlord removes the mold and ensures the health of yourself and your family.
First and foremost, it is important to know that the landlord is obligated to maintain the rental property in a condition suitable for its intended use according to §535 BGB. This means that the landlord is responsible for addressing issues such as mold infestation. If you have already reported the mold to the landlord and they have not taken any action, as a tenant you have various legal options to address the issue.
One option is to reduce the rent according to §536 BGB. You can reduce the rent by a reasonable amount until the mold is removed. The amount of rent reduction depends on the severity of the issue. It is advisable to inform the landlord in writing about the rent reduction and to document it if necessary.
Furthermore, as a tenant, you have the right to issue a notice of termination without notice according to §543 BGB if the landlord fails to remove the mold despite a written request. However, a notice of termination without notice is only justified in serious cases, such as when the health of your family is seriously endangered.
To minimize the health risks of mold, make sure that the affected area is well ventilated and no damp areas are created. Additionally, you can use special mold removers to temporarily combat the mold. However, it is important to know that professional mold removal is necessary to solve the problem in the long term.
Overall, it is important that you take the mold infestation seriously and take action in a timely manner to protect your health and that of your family. If the landlord continues to be inactive, I recommend consulting a lawyer specializing in tenancy law to enforce your rights and resolve the issue quickly and effectively.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Emma Richter
Tenancy Lawyer
