strongMold in the apartment – what rights do tenants have?-strong

Gray streaks on the furniture and black stains on the walls: According to own estimates, almost every fifth German has to deal with mold in the apartment. Particularly problematic is that mold is not only unsightly, but can also cause lasting damage to health. Headaches, sleep problems and chronic respiratory diseases can be the result. Since the exact causes of mold infestation are not clearly evident in most cases, disputes often arise between tenant and landlord: When to report mold? Who pays for mold removal? Is a rent reduction justified? Answers to these and other questions can be found here.

What is mold and how does it develop?

In principle, mold spores and fungi are ubiquitous. It only becomes problematic when they find a suitable breeding ground that allows them to multiply furiously. This is always the case when the air in the room is too humid and cannot dry out quickly enough. For this reason, mold occurs increasingly in the kitchen and bathroom, but the toxic spores do not stop at living rooms, bedrooms and children's rooms either.

When mold appears in rented apartments, it often causes a dispute between landlord and tenant. The reason for this: The costs for mold removal are generally borne by the person who caused the mold. Landlords often accuse their tenants of incorrect heating and ventilation behavior, while tenants blame structural problems such as poor insulation for fungal infestation. Often, in the end, a real estate appraiser has to take a closer look at the whole thing and decide which of the two parties is in the right.

Common tenant mistakes that can lead to mold:

• incorrect heating and ventilation
• Large furniture placed too close to an exterior wall

Common landlord mistakes that can lead to mold:

• poor insulation (z. B. thermal bridges)
• Water damage in the masonry (z. B. leaking pipes)
• Remediation requires frequent airing, which was not communicated to the tenant
• insufficient drying out after renovation measures

If you find mold in your home, it is important to act quickly. Mold forms mold toxins – so-called mycotoxins – which can damage your health in the long term. They cause a wide variety of symptoms, ranging from mild headaches and gastrointestinal problems to allergic reactions and chronic respiratory problems.

Tip for tenants: Prevent mold through proper heating and ventilation

In connection with mold, incorrect heating and ventilation behavior is often referred to. As a tenant, you should deal with the issue in good time in order to prevent mold from spreading in your apartment.

Mold always has an easy game when low temperature meets high humidity. Therefore, make sure that the apartment does not cool down to below 16 degrees Celsius. This also means that you should not turn down the heating completely – even if you are not in the apartment for a few days. It is also unfavorable if you heat some rooms fully and others not at all.

If the windows are closed, the air humidity automatically increases. Your presence alone ensures that the room air becomes increasingly humid. This is why it is important to ventilate regularly. Experts recommend opening the windows completely for 5 to 10 minutes about three to four times a day. You should rather avoid constantly tilted windows. Also make sure to air the room well after showering, bathing or cooking. In addition, you should remove residual moisture from the tiles in the bathroom.

Good to know: Often house rules or rental agreement contain certain clauses, which should prevent the spread of mold. For example, it often states that tenants may not dry their laundry in the apartment or that large pieces of furniture such as cabinets should not be placed directly against the outside wall. These clauses are generally invalid, as landlords would be interfering too much with the privacy of their tenants. Nevertheless, as a tenant you should refrain from such behavior if possible. If you have a balcony or a laundry room, for example, you should also use it. In this way, you can actively contribute to mold prevention and avoid disputes with your landlord if the worst comes to the worst.

Mold in the rented apartment: What to do as a tenant?

The most important thing in advance: Tenants have a duty of disclosure to their landlords. This means that the landlord must be informed immediately even in the case of small-scale mold infestation. If you remain inactive and thus contribute to the spread of mold, you may end up with claims for damages.

If you live in a rented apartment, you should check it regularly for mold. The first signs include a musty, musty smell and the increased occurrence of insects such as silverfish and woodlice. Check not only visible wall sections, but also look behind sofas and cabinets. Due to inadequate insulation, apartments in old buildings are particularly susceptible to mold. If you suspect mold infestation, but cannot yet see any dark spots on the walls, you can resort to a mold test from the pharmacy. This is already available for a few euros.

Written notice of defects in the event of mold infestation

If you have mold in your rental apartment, it is best to inform your landlord of this in writing. Describe the extent of the fungal infestation and attach photos if necessary. In principle, the landlord is obliged to allow you to use the apartment in accordance with the contract. However, since mold is harmful, this is no longer a given. It is a defect that the landlord must remove. But be careful: this only applies if you as a tenant have not caused the mold yourself.

In this written notice of defects, you should ask your landlord to remove the defect. To do this, you must give him a reasonable deadline. There are no legal requirements here: experts consider a period of 2 to 4 weeks to be realistic for mold, depending on the extent of the infestation. In the notice of defects, you should also point out that you insist on your tenant rights and will exercise your right to reduce the rent if the landlord does not fulfill his obligation to remedy the defect.

Often it is not clear who caused the mold in the rental apartment. Landlords often reject responsibility and refer to incorrect heating and ventilation behavior of the tenant. The burden of proof lies with the landlord: If he wants to prove that the tenant is responsible, he must usually commission a professional expert opinion. The cost of this is borne by the landlord. However, if it turns out that the landlord is not at fault, he can reclaim the costs for the surveyor from his tenant.

Rent reduction for mold infestation

If the expert finds that structural defects or other external conditions have contributed to the mold infestation, tenants may be able to reduce the rent under certain circumstances. It is important to note, however, that tenancy law does not provide for clear rent reduction rates. Rent reduction tables, as they are to be found frequently on-line, should serve exclusively the rough orientation. Instead, courts must always decide on a case-by-case basis which rent reduction is appropriate. Here are a few sample judgments:

• LG Berlin: 15 percent rent reduction for minor mold infestation in several places in the apartment (Az. 63 S 690/09)
• AG Schoneburg: 5 to 20 percent for visual defects and slight odor nuisance (Az. 6 C 32/92)
• LG Hamburg: 50 percent in the case of mold covering more than 60 percent of the living space in the living room (Az. 307 S 144/07)
• AG Charlottenburg: 100 percent in the case of significant health hazards (Az. 203 C 607/06)

However, tenants should definitely refrain from independently reducing the rent and simply transfer less money. If a court ultimately determines that the rent reduction was not justified, or at least not in the respective amount, the unpaid or underpaid rent is considered rent arrears. If considerable rental debts have accumulated in this way, this can result in termination without notice.

Conclusion: Tenant rights in case of mold in the apartment

Both tenants and landlords have an interest in preventing mold in rental property. If black spots do appear on walls or ceilings, tenants must inform their landlord as soon as possible. The following applies: Whoever caused the mold must also pay for its removal. If structural defects – such as poor insulation or water damage in the masonry – have contributed to the mold infestation, the landlord bears the costs. Tenants have in this case not only a right to rectify defects, but under certain circumstances also to reduce the rent. In this case, however, it must be decided on a case-by-case basis which rent reduction is appropriate. Tenants should better not reduce their rent on their own, as this can result in rent debts and, in the worst case, extraordinary termination without notice.