Do you want to cancel your apartment? Then you should definitely avoid this mistake

You just said that many tenants don’t even know their rights. What rights do you have if there are problems with the apartment?

Munch: Tenants have the right to have their apartment remain in a contractually agreed condition – including free of defects. If there are defects that reduce the value of the home, you can, for example, request a rent reduction.

“Flaws” sounds very abstract.

Munch: This can mean various things such as heating problems, moisture or leaky windows. External influences, such as noise or unpleasant smells, can also affect the value of the home.

Of course, tenants have the right to ask the landlord to rectify defects and, in the event of delay, possibly even to demand compensation.

It is important to avoid defects in writing and to set a reasonable deadline for rectification. If the landlord does not respond, further steps such as a rent reduction or a replacement can be considered.

What should tenants do if a rent increase is announced?

Munch: If a rent increase is announced, tenants should have the formal and material requirements of the increase checked. Because: A rent increase is only materially permissible under certain conditions, for example if it is within the legal cap limit or occurs after modernization.

According to the so-called capping limit, the rent may not rise by more than 20 percent within three years – in some areas with tight housing markets even by only 15 percent. This limit is intended to prevent tenants from suddenly being confronted with disproportionately high rent increases.

In addition to the formal requirements, the landlord must also meet some requirements for effectiveness. For example, the rent increase must be made in writing and the landlord must justify it in a comprehensible manner, for example by referring to the local rent index or comparative rents.

If someone does not agree to the rent increase, what legal action can he or she take?

Munch: Tenants have the right to check the rent increase within two months and, if in doubt, to object or refuse consent. In such cases, a lawyer can help to assess the legality of the rent increase and, if necessary, take legal action against it.

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