Tenancy law: The most important questions – B.Z. Berlin

Experts answer questions from readers about fixtures, costs and defects in your rental apartment.

Tenancy law is a very popular topic. The experts from the German Tenants' Association (DMB) also noticed this during the telephone campaign. Here are the most important questions – and what the lawyers advise:

In my old apartment, I lowered the ceiling and installed a mezzanine floor. Do I have to reverse the conversion when I move out?

Yes, these are so-called internals. When moving out, you must restore the original condition if the landlord requests it.

In our new apartment there is a gas boiler. Do I have to pay the costs for maintenance and repairs?

You must pay for regular maintenance if this is effectively agreed in the rental agreement. However, if major repairs are required, the landlord is responsible for this. There is mold in our apartment. I reported the defects to the landlord by telephone. But he doesn't do anything. What to do?

Request the landlord in writing, setting a deadline (14 days), to remedy the defects. Announce that you will reduce the rent with immediate effect. The amount of the reduction depends on how severe the impairment is.

Important: As a tenant, you have a duty to cooperate so that the damage does not increase. You must inform the landlord immediately of small mold stains so that he can remove them and prevent them from spreading further. If you only report the mold when it has spread over a large area, you can even be obliged to pay damages yourself as a tenant.

Does the landlord have to offer me another apartment or pay for a hotel if the whole apartment has mold stains? That's a health hazard!

This is only conceivable in very rare cases where tenants cannot move to other rooms in the apartment. So the whole apartment would have to be very strong

Mold may be affected. But be careful: extreme mold infestation does not come overnight. If you complain about mold or moisture damage early on, you shouldn't have this problem!

We only have hot water alternately, either in the kitchen or in the bathroom. Do we have to accept that?

Nope. It is part of contractual use that hot water is available in the bathroom and in the kitchen at the same time. If the instantaneous water heater is too weak for this, there is a housing shortage. He entitles you to a rent reduction. The District Court of Cologne decided (220 C 152/07 WuM 2010, 384).

I would like to check the utility bill receipts. But the landlord lives in Hamburg. Can I request a copy?

Yes, he can charge 25 cents per sheet for this. If the landlord lives in Berlin, he does not have to send any copies, but you would have to see the original receipts in the landlord's office.

My rental agreement states that I have to renovate the kitchen, hallway and bathroom every three years, the main rooms such as the living room and bedroom every five years and the ancillary rooms such as the storage room every seven years. Is the clause valid?

Nope. Because this is a rigid schedule. But, be careful, if there is just one more word in the clause, the regulation can be effective. Is there e.g. E.g.: ….. kitchens, hallways and bathrooms generally have to be renovated every three years. This means that deviations from the deadlines are now possible and you have to renovate after the deadline.

Can I park a mobile home on my rented parking space in the yard? Yes, that is allowed. On the other hand, you can't just park the mobile home permanently on the side of the road.

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