Tenancy with mold in the apartment

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mold on the wall

Mildren's conflicts are one of the most common causes of disputes between tenants and landlords. In extreme cases, mold in the apartment can entitle the tenant to extraordinary termination. With the kind support of yourXpert.de we would like to give you a brief introduction to the problem and the resulting legal consequences for tenants and landlords. For further questions regarding rental law, it is possible to obtain professional and cost-effective advice from more than 50 lawyers via e-mail, chat or phone on the online consulting platform yourXpert.de.
I. Causes of mold
Moisture damage can have a variety of causes. There may be problems with the structure or the water connections with the tenant are not in order. If the mold is close to the ground, this may be caused by poor insulation of the soil. Individual stains on the wall or ceiling can be caused, for example, by poorly connected or defective household appliances by the "top tenant" or by problems with the water installation. In these cases you should first contact the other rental party. Because maybe a small repair, for example the defective washing machine, will be enough to eliminate the problem. But if large moisture damage occurs in the short term, it may be due to a defective water pipe or leaks on the roof or wall. Indications for this are to
Example a temporal connection between heavy rain and water damage.
But moisture damage can also occur due to condensation. The air can only absorb a limited amount of water, so that the non-absorbable water condenses. Indications for this can be:
  • the occurrence of damage, especially in spring and autumn,
  • the occurrence of damage after the sealing of windows or the installation of insulating glass windows,
  • the occurrence of damage, especially in the bathroom and kitchen and in less heated side rooms.
Therefore, as a tenant in the case of moisture damage should always also check whether not their own behavior has contributed to the situation with, before dragging the landlord before the Kadi. For this purpose, one should check whether it has even fulfilled its obligations regarding adequate heating and ventilation of the apartment. The case law considers it sufficient here, about three to four times a day for ten minutes each
To open windows and perform a "ventilation". Even if no such problems have occurred with the previous tenants, this can be an indication of a malfunction in heating and ventilation.
II. Measures in the case of mold


If you find mold in the apartment, then you should first consider all the above options and proceed according to the above checklist. If the mold first appears, then you should remove it yourself.
If the problem can not be eliminated by sufficient heating and ventilation, then it is clear that there is a lack of trees to be remedied by the landlord.
In these cases, the landlord must be aware of the condition and set a reasonable deadline for the removal of the defect. The renter bears the burden of proof for the defect as well as the timely receipt of the corresponding remedy request. The burden of proof must take into account various factors such as the condition of the flat in the previous tenant or the amount of the heating bill. If the landlord is of the opinion that the damage was caused by a wrongdoing of the tenant, he must prove this. On the other hand, if no such damage has occurred to the previous tenants, the burden of proof may be reversed.
III. Rights in the case of mold infestation
If the defect for which the landlord is responsible has not been remedied within a reasonable period of time, the tenant may claim the rent
because of this not insignificant defect mitigate or terminate the lease in extreme cases due to health hazards. There is a reduction table in the tenancy law, according to which a significant reduction in mold infestation is 20%, in case of considerable moisture damage of up to 60% is appropriate.
If the mold infestation is not easy to eliminate, then the tenant after setting a reasonable deadline and a right to termination without notice due to health hazards under § 569 I BGB. Because a mold infestation can lead to allergies and can be a significant impairment even in a normal sensitive people. Of course, the landlord is here but also set a reasonable deadline for the removal of the defect. However, this is unnecessary if the mold infestation is so strong that threatens an acute health risk. In this case, the tenant should in case of emergency before a notice of termination call a construction expert or contact a lawyer for tenancy law.

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