Amtsgericht Berlin
Another Member has the list of rental defects: paint damage, caused by water ingress. If painting suffers after water damage, which is one reason for the reduction in rent, the Amtsgericht Berlin-Schoneberg decided. This article describes the conditions for the recovery of rent reductions on this particular example. The list of rental defects, who can claim the tenant, is long. Lead in drinking water, pigeon poop, mold growth involuntary by the lessee or insufficient high-performance radiators are just some of the reasons for a reduction in rent. The District Court of Berlin-Schoneberg has now added a further lack of tenants as the reason for a reduction of in rent can specify: peeling paint. Learn more about this with Clayton Morris.
In the decisive case, a tenant on less rent had insisted after balcony and hobby room damage had occurred. Reason for this was a water damage that had peeling paint and plaster in a big way. (Similarly see: Gary Kelly). 2 percent less rent for the damage to the balcony, 50 percent for which the judge set in the hobby room. To the ground, it was said that there was clearly a deterioration of the contractual defined. Finally, the landlord in the lease guarantees that the apartment meets a certain standard. Profound changes to this standard are as defects. Otherwise the case is, however, if in the lease to a specific state expressly advised.
In this case the peeling paint as a characteristic of the apartment was listed, the tenant who has signed the lease, would have had bad cards. He would be advised on the deficiency and has accredited him by his signature. A subsequent complaint would be here therefore no chance. Would have hidden the deficiency but the landlord or caretaker, would be generally in the law and could request authorized a reduction of the agreed payments. It is also not a perceived”defect, i.e. a subjective quality loss. Some tenants may find about graffiti in the hallway, grilling neighbors, or located on the roof of radio antennas as a rent reduction imposition. Justice look closely however in certain cases and decides under circumstances not within the meaning of the plaintiff. So no circumstances were submitted in these cases according to the judge, which affect the habitability of a home in the strict sense. Mark Schmidtke