ROUTE
Reducing rent for defects
The reduction arises by law, not by permission. But without notification the right is lost, and an error in the amount creates arrears and risk.
β Checked: 01/08/2026
German tenancy law sits unexpectedly on the tenantβs side here: if the flat is less usable than the contract promised, the obligation to pay full rent falls away by itself, by operation of law. No landlord permission is needed, and their agreement decides nothing.
βΊ More about this route
This three-step route works through the whole structure: what counts as a defect and why the reduction arises automatically, the compulsory notification without which the right is lost, and finally the most dangerous question β how much to reduce and what an error costs.
Two things belong understood immediately. First: silence destroys the right β the law requires immediate notification, and paying less without it turns a strong position into arrears. Second: no official percentage table exists, and erring upwards can cost you the flat.
WHERE PEOPLE MOST OFTEN LOSE MONEY AND TIME
- Cutting the rent silently without written notification. The law demands immediate notice, and no right to reduce exists for the period of silence.
- Taking a percentage from an online table as a finished answer. Such tables are compiled from other peopleβs judgments and serve as orientation, not calculation.
- Reducing from the base rent. Prevailing practice takes the total rent including service charges as the basis, and the error changes the result noticeably.
- Accepting a flat with a known defect and expecting to reduce later. Accepting it in a known condition generally forfeits the right to reduce on that ground.
FREQUENTLY ASKED QUESTIONS ABOUT THIS ROUTE
Do I need the landlordβs permission?βΎ
No. The law says it directly: for the period during which usability is impaired, only an appropriately reduced rent is owed. That follows from the defect itself, not from any decision by the landlord.
Does every defect give the right?βΎ
No. The law expressly excludes trivial impairment: a dripping tap or one loud evening will not do. It concerns what genuinely obstructs use β no heating, mould, water ingress, sustained heavy noise.
What happens if I pay less without notifying?βΎ
The difference behaves like arrears, and the right to reduce can fall away for the period of silence. Once arrears reach a certain scale, the landlord also gains grounds to terminate.
How do I find the right percentage?βΎ
No official table exists; the assessment depends on the individual case. Judgments in similar cases give orientation but are not transferable β checking with a tenantsβ association or a lawyer is safer.