What are my rights as a tenant when repairs are necessary?
January 28, 2023 | 45,00 EUR | answered by Günther Schulz
Dear lawyer specializing in tenancy law,
I am reaching out to you as a tenant facing a problem in my apartment and unsure of my rights in this situation. Lately, there have been several repairs required in my rental unit, which my landlord has been slow to address or has not addressed at all.
The situation is as follows: Various issues have arisen in my apartment, such as leaky windows, faulty radiators, and a leaky roof. I have contacted my landlord multiple times requesting repairs, but unfortunately, my concerns have not been taken seriously so far. As a result, I no longer feel comfortable in my apartment and have concerns about my health and safety.
My question to you is: What are my rights as a tenant when repairs are needed in my apartment and my landlord refuses to address them? Are there any legal regulations that protect me as a tenant and obligate my landlord to carry out the repairs? What steps can I take to assert my rights to my landlord and find a solution for the issues in my apartment?
I would greatly appreciate your professional advice and assistance in this matter, and I thank you in advance for your help.
Sincerely,
Hanna Nitsche
Dear Mrs. Nitsche,
Thank you for your inquiry regarding the deficiencies in your rental apartment and the lack of repairs by your landlord. It is important that tenants are informed about their rights and options when it comes to the maintenance of rental properties.
First and foremost, it should be noted that the landlord is obligated to maintain the rental property in a condition suitable for its intended use according to § 535 of the German Civil Code. This means that the landlord is responsible for addressing deficiencies that affect the proper use of the apartment, such as the leaky windows, faulty radiators, and leaky roof that you described in your apartment.
If the landlord fails to make the repairs despite your repeated requests, you as a tenant have various options to assert your rights and find a solution for the deficiencies in your apartment. You should first give your landlord a reasonable deadline in writing to make the repairs. This can be done by registered mail or email to have proof of the deadline. If the landlord still does not make the repairs after the deadline, you can take further steps.
One option is to reduce the rent according to § 536 of the German Civil Code. If the apartment is no longer in the condition required by the rental agreement due to the deficiencies, you have the right to lower the rent. However, you should ensure that the reduction is appropriate and consider seeking legal advice to avoid any mistakes.
Additionally, you can file a complaint with the relevant tenant protection association or local tenants' association. These organizations can assist you and support you in asserting your rights.
If all these measures do not succeed, the last resort is to take the matter to court. You can file a lawsuit to compel the repairs and potentially seek damages. It is advisable to seek advice from an experienced lawyer specializing in tenancy law to best protect your interests.
Overall, it is important that you as a tenant do not remain passive but actively assert your rights if the landlord fails to fulfill their obligations. I hope this information is helpful to you and wish you success in asserting your claims.
Sincerely,
Günther Schulz
Lawyer specializing in tenancy law
