Mietminderung: when you can reduce the rent, and by how much
How Mietminderung (rent reduction) works when your rented flat has damage, and the steps to take.
If your flat has noticeable damage, the rent drops automatically for as long as the damage lasts. Report the damage in writing first, and keep paying the full rent under Vorbehalt (reservation) until the amount is settled.
How to go about a rent reduction
You do not have to apply for the reduction. But these steps make sure you do not lose it.
- 1
Report the damage at once
Tell the landlord about the damage in writing. If you do not, you can lose the right to reduce the rent entirely.
- 2
Take photos
Photograph the damage and the room around it.
- 3
Show how bad it is
How much you can reduce the rent depends on how bad the problem is.
- 4
There is no fixed table
The law has no table of reductions. Courts decide case by case.
- 5
Pay under Vorbehalt
Keep paying the full rent and state in writing that you will claim back the part you overpaid.
- 6
No reduction for your own damage
You get no reduction for damage you caused yourself or already knew about when you moved in.
Why this matters
Under § 536 Abs. 1 BGB, you only owe an appropriately reduced rent for as long as a defect lasts. The condition is that you report the defect to the landlord (§ 536c BGB).
General information, not legal advice.
Frequently asked questions
How much can I reduce the rent for a defect?
There is no fixed table for rent reductions. The amount depends on how much the defect limits your use of the flat. If you cannot live in the flat at all, you owe no rent (§ 536 Abs. 1 BGB). Otherwise courts set a percentage, for example 20 to 70% for no heating in winter or around 30% for mould in the bathroom and bedroom. The percentage is taken off the total rent including Nebenkosten (service charges), for the months the defect lasts. Example: with a total rent of 1,000 €, a 20% reduction means you pay 200 € less per month.
What does “paying rent under Vorbehalt” mean?
Paying under Vorbehalt means you keep paying the full rent but state in writing that you will claim back the part you overpaid. That way you do not fall into arrears and do not risk a termination (§ 543 BGB).
Does every kind of damage reduce the rent?
No, not every kind of damage reduces the rent. Damage that only trivially limits your use of the flat does not count (§ 536 Abs. 1 BGB). There is also no reduction for damage you caused yourself or already knew about when you moved in (§ 536b BGB).
Also in this topic: Schönheitsreparaturen: must I renovate when moving out?Moved into an unrenovated flat? What you must proveLimitation under § 548 BGB: six months for damage, what tenants need to knowAll guides: Rights & duties
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