Mietminderung: Your Rights as a Tenant in Germany (2026)
Mietminderung: Your Rights as a Tenant in Germany
Automatically by operation of law, as soon as a more than trivial defect exists (§ 536 BGB).
The condition is that you notify the landlord of the defect (§ 536c BGB). The amount follows the severity. Keep paying the full rent under reservation until the rate is settled.
§ 536 Abs. 1 BGBIn 60 seconds
The reduction takes effect automatically by operation of law: once the defect exists, the rent owed for that period is reduced. You do not have to apply for it (§ 536 BGB).
A defect is any condition impairing contractual use more than trivially. Minor annoyances do not qualify.
Under § 536c BGB you must notify the defect without delay and give the landlord an opportunity to remedy it. Fail to do so and you can lose the right to reduce entirely.
Do not cut the rent unilaterally: until the rate is settled, pay in full under reservation and reclaim the reduced portion. Reduce too much, fall into arrears, and you risk termination (§ 543 BGB).
There is no reduction for defects you caused yourself or already knew about at move-in (§ 536b BGB).
What the law says
Where the property has a defect at the time it is handed over that removes its fitness for contractual use, the tenant owes no rent for the period of the defect; where fitness is merely reduced, only an appropriately reduced rent is payable. A trivial reduction in fitness is disregarded. Working translation; the German original is the binding text.
What reduction is usual?
There is no table in the law. The amount follows the severity and duration of the impairment (§ 536 BGB) and is assessed case by case. The figures below come from published judgments and are indications only. They can vary considerably by court, region and circumstance.
| Defect | Rate typical in the case law* |
|---|---|
| Heating failure in winter | 20–70% (up to 100% if uninhabitable) |
| Mould (bathroom/bedroom) | approx. 30% |
| Persistent construction or neighbour noise | approx. 20% |
| Hot water failure | mid-range, depending on extent |
| Draughty or leaking windows | low single figures to mid-range |
*Indications from the case law, not a guarantee. When in doubt have it checked by a lawyer or a tenants' association.
What it means for each side
- Notify the defect in writing and provably, with a photo and a deadline.
- Pay the full rent under reservation until the rate is settled.
- Take your bearings from comparable judgments, not from a figure you would like.
- Settle up once it is fixed: the reduction only covers the period of the defect.
- Respond to the notice and document when you remedied it.
- Dispute an excessive rate in writing rather than withholding.
- Record the condition before and after the repair.
- Check whether the defect originates in the tenant's own sphere (§ 536b BGB).
Common mistakes
Without notice under § 536c BGB the reduction is vulnerable.
Arrears, and the risk of termination under § 543 BGB.
Cut more than is justified and you owe the difference and fall into arrears.
Without photos and dates nothing can be shown in a dispute, and defects you caused or knew about at move-in give no reduction anyway (§ 536b BGB).
What to do next
Document the defect: photos, video, date, rooms affected; for mould or noise, a short log. Do it with BildProof, about two minutes a room →
Send written notice to the landlord with a description and a reasonable deadline (§ 536c BGB).
Estimate the rate from comparable judgments and keep paying the full rent under reservation.
Settle up once it is remedied. Full rent is due again after that.
Frequently asked questions
How much rent can I reduce for a defect?
The Minderungsquote (reduction rate) depends on how severe the impairment is (§ 536 BGB). Courts have recognised, for example, 20–70 % for a heating failure in winter, around 30 % for mould in bathroom and bedroom, and about 20 % for noise or odour nuisance. There is no table in the law. Every case is judged individually.
Do I have to report the defect before I reduce the rent?
Yes. Under § 536c BGB you must report any defect to the landlord without delay and give them the chance to fix it. If you fail to report it in time, you can lose your right to reduce the rent. Always send the Mangelanzeige (defect notice) in writing and in a way you can prove.
Does the rent reduce automatically, or do I have to declare it?
The Mietminderung takes effect automatically by force of law as soon as the defect exists (§ 536 BGB). No declaration is legally required. In practice, however, you should report the defect and keep paying the full rent under Vorbehalt at first, to avoid disputes over the rate and any payment arrears.
What does 'paying rent under Vorbehalt' mean?
You keep paying the full rent but state in writing that you reclaim the reduced amount. This avoids payment arrears and a possible Kündigung (§ 543 BGB) while preserving your claim to a refund. If you instead pay in full without reservation for months, you can forfeit the reduction right (§ 814 BGB).
When am I not allowed to reduce the rent?
Not for defects you caused yourself, and not for defects you already knew about when signing and accepted without reservation (§ 536b BGB). Insignificant impairments also do not entitle you to a reduction (§ 536 Abs. 1 Satz 3 BGB).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.