Is a rent reduction due to the balcony justified?

  • Erstellt am 2022-03-30 20:23:04

Familie HV

2022-03-31 10:41:57
  • #1
yes, we agree. No, it was not about the period when there was no railing. We completed the railing at the end of last year.
 

cschiko

2022-03-31 10:51:35
  • #2
So especially if you can prove that they canceled the appointments, then you should be able to remain very calm. Because, without this being a legal statement, in my opinion there should be no justification for a rent reduction.

Regarding termination due to personal use, simply moving in yourself is not sufficient. There must also be a genuine need, which is not an easy and lengthy issue, especially if the other party challenges it.

I would probably first object to the rent reduction by referring to their own actions, and if necessary, consider legal advice. A lawyer can tell you what you and the tenant are allowed to do under the given conditions and what not.
 

RomeoZwo

2022-03-31 17:58:12
  • #3
So, after a tenant reports a defect to the landlord, the landlord is obliged to fix the defect. You have demonstrably done this with several appointments. On the tenant's side, there is a duty to cooperate. A rent reduction must be declared by the tenant in writing and with the date from which it should apply. Retroactive rent reductions are very difficult.

But another approach: Is the balcony mentioned in the lease agreement? Is a living area specified and the balcony (partially) included there? If not (which would be good), the principle of "rented as seen" applies. Although you promised the tenant a balcony for later (hopefully without a specific date), it is not part of the lease agreement and thus no rent reduction would be possible.

P.S. An unusable balcony allows a rent reduction of the net cold rent by about 5%. If you want to get rid of the tenant, it can help to simply let an exaggerated rent reduction run without comment. Once 2 months' rent arrears have been reached, the landlord has the right to terminate without notice.
 

Familie HV

2022-04-02 15:26:26
  • #4


Thank you for your feedback.
Regarding the first paragraph: of 10 proposed appointment dates, 8 were rejected by the tenant side and 2 by us. We have all of this in writing by e-mail. They then set a deadline, saying that if the balcony is not completed by 01.04, they will reduce the rent. (We have not yet responded to this.)

Regarding the second paragraph: the balcony is only mentioned as an element in the rental contract, but there is no indication of the square meter figure. We did not give an exact date for completion, only made verbal indications that the balcony will be finished in a few months.

Regarding the third paragraph: From when is a balcony considered non-usable? Because basically, the balcony can be accessed and used.
Would we then also have to issue warnings so that a termination without notice can even be enforced?
 

Familie HV

2022-04-02 15:32:11
  • #5


What reasons justify a termination due to personal use? (i.e. what kind of need must be present?) Is there also a regulation regarding how long one must then live there?
 

FloHB123

2022-04-02 17:05:16
  • #6
I may not be able to answer your question, but you have to expect that the matter will go to court if the tenants do not want to move out. So if the termination due to personal use is just a pretext, it will probably be difficult to justify. The issue with the balcony will surely also come up, and they will certainly try to interpret this to your disadvantage (conflict with the tenant = reason for termination). I would recommend that you first get some advice in your position. Have you already tried to have a personal conversation and spoken with the tenant about when it would generally be suitable?
 

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