Rent reduction

First, the tenant must report the defect

An urgent defect that needs fixing without delay should be reported by the tenant immediately. Any other defect that prevents normal living should be reported without undue delay. You are then expected to have it put right within a reasonable time. If you fail to act properly and without undue delay, the tenant may, under the statutory conditions, become entitled to a rent reduction or to reimbursement of justified costs. A minor defect may not give rise to any claim at all. The procedure is set out in § 2264 and § 2265 of the Civil Code.

Keep a record of the date the defect was reported, a description of the limitation, photos and all communication about the repair. Also distinguish between a defect you are responsible for, routine maintenance and damage caused by the tenant. A problem that looks the same may not always have the same legal consequences.

How much the reduction is and the deadline for claiming it

The law has no table saying, for instance, that every broken appliance means a 10% reduction. What matters is the actual limitation and how long it lasts. To give you an idea: a minor fault in a cupboard is a very different matter from the only bathroom in the flat being unusable for a long time. Yet even with the bathroom, you cannot set a one-size-fits-all percentage without knowing the cause and how the repair went.

The tenant must make the claim explicitly and verifiably, not just by reporting a fault in general terms. Under § 2208(3), these rights are subject to a six-month deadline running from when the defect was discovered or could have been discovered by the tenant. A court will not grant a late claim if you object that it was filed too late.

Ask for a proposed reduction stating the amount, the period and the reason. If the tenant cuts their payments unilaterally, a further dispute over arrears may arise. It is therefore worth agreeing on a settlement or discussing how to proceed with a lawyer.