Rent reduction during modernization and building works
7 rulings on this topic – with reduction rate, case number and link to the decision.
Updated: October 2026 · 119 court rulings
Tenants usually have to tolerate modernization – but they may still reduce the rent when noise, dust, scaffolding or a closed-off kitchen impair the use of the apartment. Note: for energy-efficiency modernization, the first three months do not count towards a reduction (§ 536 (1a) BGB).
The result of a modernization can also be a defect: smaller window areas and less daylight after new windows, or a much smaller bicycle cellar, justified a permanent reduction in the rulings in the table.
7 rulings found
Enforce your right to rent reduction
Create a free defect notice with a rent reduction demand — backed by these court rulings.
| Defect | Reduction | Court / Ref. | Date | Severity | Description | Letter |
|---|---|---|---|---|---|---|
| Heating / Hot Water | 70 % | AG Charlottenburg216 C 7/13Berlin | 07.06.2013 | Severe | Heating completely out Oct–Dec during conversion to an apartment gas heating system | Letter |
| Noise | 30 % | AG Schöneberg17 C 96/21Berlin | 08.02.2022 | Moderate | Attic conversion: scaffolding, covered windows, construction noise, plaster falling from the ceiling | Letter |
| Noise | 30 % | AG Schöneberg5 C 1/20Berlin | 10.02.2022 | Moderate | Extensive construction work in the building: vibrations, noise, scaffolding, dust and solvent smell; later 20% | Letter |
| Other | 20 % | AG Charlottenburg239 C 196/17Berlin | 14.12.2017 | Moderate | Advertising banner on scaffolding covered 4 of 5 windows and the balcony | Letter |
| Other | 12 % | AG Tempelhof-Kreuzberg8 C 186/17Berlin | 14.12.2017 | Moderate | After modernization, window areas a third smaller in four rooms; 3% per window | Letter |
| Other | 5 % | AG Schöneberg13 C 129/20Berlin | 11.02.2021 | Minor | Less daylight after modernization due to insulation, smaller windows and a balcony above | Letter |
| Other | 4.8 % | BGHVIII ZR 51/20 | 12.10.2021 | Minor | Bicycle cellar reduced from 49 to 7 m² by modernization (rate of the lower court upheld) | Letter |