The risk of mold formation in older and uninsulated buildings alone does not justify reducing the rent. This has been decided by the Federal Court of Justice (BGH) in Karlsruhe, thus strengthening the position of landlords.
According to this, tenants are not allowed to simply cut the rent, because in dwellings with older buildings the danger of mold growth threatens. Thermal bridges on external walls and the associated mold risk are not to be regarded as a material defect, decided the BGH in Karlsruhe. Therefore, the only condition is that the existing regulations at the time of construction were complied with.
The landlords owed their tenants no new building standard, said the competent Senate. This failed the tenants of two apartments with their lawsuit against a large real estate company in Glinde (Schleswig-Holstein).
They had complained of a rent reduction, because the apartments had defects in their view. In addition, they demanded a cost advance to remedy this. Before the district court Lübeck their complaints were successful. The court saw reasons for a rent reduction and confirmed in one case, the condemnation of the landlord to pay 12,000 euros, inter alia, for an interior insulation.
The Federal Court of Justice has now overturned the judgments. Thus, the Senate affirmed its previous case law. After that, the tenant can expect the standard in his apartment, which corresponds to comparable properties. The apartments from the years 1968 and 1971 corresponded to the then applicable standards.