§ 536a, § 536b, § 536c BGB – Supplementary Provisions

The "Siblings" of § 536 BGB

§ 536 BGB governs rent reduction itself – but three additional sections complete the picture. They determine when the landlord must pay damages, when the tenant loses their right to a reduction, and what obligations the tenant has regarding defects.

§ 536a BGB – Damages and Reimbursement of Expenses

Paragraph 1 – When Is the Landlord Liable?

The landlord must pay damages if a defect already existed at the time of signing the contract – regardless of whether they knew about it. For defects that arise later, they are only liable if they are in default on remediation (i.e., failed to act despite a deadline).

Damages can include, for example:

• Hotel costs when the apartment is uninhabitable
• Medical costs for health damage caused by mold
• Costs for damaged furniture from water damage

Paragraph 2 – Self-Help by the Tenant

If the landlord fails to fix the defect despite a deadline, the tenant may fix the defect themselves and claim the costs from the landlord. This also applies without a deadline when immediate action is necessary (e.g., an acute pipe burst).

§ 536b BGB – Tenant's Knowledge at Contract Signing

This law governs an important exception: if the tenant knew about the defect at the time of signing, they lose their rights to rent reduction and damages. Specifically:

• Actual knowledge: The tenant knew about the defect at move-in and signed anyway – no right to reduction
• Grossly negligent ignorance: The defect was obviously recognizable (e.g., visible mold during viewing) – no right to reduction
• Reservation: If the tenant reserved the right to remediation at move-in, their right to reduction is preserved

Tip: During the apartment handover, document all visible defects in the handover protocol and explicitly note that you reserve the right to assert your claims.

§ 536c BGB – Tenant's Notification Obligation

Under § 536c BGB, the tenant must notify the landlord of a defect without delay as soon as they notice it. This obligation also applies to defects that arise during the tenancy.

What Happens If You Don't Report?

• Loss of the right to reduction: For the period during which the tenant should have reported the defect but did not
• Liability for damages: The tenant must compensate the landlord for damage caused by the late report (e.g., if water damage spreads)

Summary: Your Obligations and Rights

• § 536a: The landlord is liable for damages – and you may self-repair in emergencies
• § 536b: Always document defects at move-in and declare a reservation
• § 536c: Report defects to the landlord immediately – otherwise you risk your rights. Create defect notice →