When Is Rent Reduction Excluded? 8 Cases You Should Know

Rent reduction is a strong right for tenants – but it has limits. In certain situations, the reduction is excluded or severely restricted. If you reduce your rent anyway, you risk a warning or even eviction. Here you'll learn when you cannot enforce a rent reduction.

1. Defect Was Known at Move-In (§ 536b BGB)

If you knew about a defect when signing the lease or during the apartment handover, you lose your right to rent reduction. The law assumes you accepted the condition.

Example: During the viewing, you notice the bathroom window doesn't close properly. You move in anyway. A later rent reduction for drafts is excluded.

Tip: During the apartment handover, record all defects in the handover protocol – and note that you reserve your rights.

2. Tenant Caused the Defect Themselves

If the tenant caused the defect themselves, the right to reduction is lost. This often applies to mold cases where the landlord can prove that improper heating and ventilation habits were the cause.

Example: You regularly dry laundry in the apartment but never ventilate properly. The landlord has an expert confirm that no structural defect exists. A rent reduction is not possible here.

Important: The burden of proof lies with the landlord. They must prove that you caused the defect – not the other way around.

3. No Defect Notice to the Landlord (§ 536c BGB)

The right to reduction requires the landlord to know about the defect. If you don't report a defect immediately, you not only lose the right to reduction but may even become liable for damages – for instance, if the defect worsens due to the delay.

Example: A water pipe has been dripping for weeks, but you don't report it. The resulting water damage spreads. The landlord can hold you liable for the additional damage.

Tip: Report every defect immediately in writing – preferably by registered mail or email with read receipt. Our defect notice generator creates the letter for you.

4. Trivial Damage – Minor Defects

Not every scratch on the wall or dripping sink justifies a rent reduction. According to case law, the defect must significantly impair the usability of the apartment. Minor cosmetic flaws and normal wear are considered insignificant.

Examples of trivial damage:

• A slightly sticking roller shutter
• Small scratches in the parquet
• A dripping faucet that can be quickly repaired
• Occasional creaking of floorboards

5. Construction Noise and External Disturbances

Noise from construction sites in the neighborhood, road works, or other external sources generally does not entitle you to a rent reduction – unless the landlord made specific promises when signing the contract (e.g., "quiet residential area").

Exception: If the landlord initiated the construction work themselves (e.g., building modernization), a rent reduction may well be justified. In this case, it is a defect the landlord is responsible for.

6. Defect Has Already Been Fixed

The right to rent reduction only exists as long as the defect actually persists. Once the damage has been repaired or the problem resolved, the basis for a rent cut ceases from that point on.

Example: The heating failed in January and was repaired after two weeks. You may only reduce the rent for those two weeks – not for the entire month.

Important: Document precisely when the defect began and when it was fixed. This is crucial for correctly calculating the reduction.

7. Tenant Refuses Access to the Apartment

The landlord has the right to enter the apartment to inspect defects and carry out repairs – of course, with prior notice and at reasonable times. If the tenant refuses access, they may lose their right to reduction.

Example: You report a defective radiator. The landlord sends a repairman, but you refuse entry three times. The court may revoke your right to reduction because you prevented the repair.

8. Contractually Agreed Condition

If a certain condition of the apartment was agreed in the lease, no defect can be derived from it. This applies especially to older apartments that are deliberately rented "as viewed."

Example: The lease states "apartment without balcony." You cannot reduce the rent because of the missing balcony. Nor if an old building apartment has no underfloor heating – that was clear at move-in.

Caution: Some lease clauses that restrict the right to reduction are void. A blanket "exclusion of rent reduction" in the lease is not permissible according to case law.

Conclusion: Assess Your Situation Carefully

Rent reduction is an effective tool – but only if the requirements are met. Before you reduce your rent, make sure that none of the exclusion reasons above applies to your situation. When in doubt, seek legal advice.

If you are sure that a justified defect exists, you can quickly and easily create a professional letter with our generator.