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German Law/Rent reduction



I live in a rented apartment in Germany. Since the Fall of 2012 until presently, my heater has not functioned properly periodically. My Landlord was/is aware and has called in the professionals to look at the appliance, (it is located in the apartment). In spite of this being inspected, eventually the heater does not function again and I have no hot water or heat for a day. I really think the appliance should just be replaced but of course he wants to save on cost. It has occurred 3-4 times in the last 6 months. So, my question is, can I deduct a percentage of the rent for this inconvenience? I have had to leave work early or go in late at times to be present for the inspection, or have not been able to shower or just stay warm! If this is so, how much can I deduct and how often? I have heard this is acceptable to do, but I wanted to verify.
Thank you for your answer

You can only deduct for months in which the defect factually occors. Payment of the full rent under the explicit condition of deduction for defects ocurring in the future would be a more suitable step. With this you can setoff the rent which is to be reduced retroactively owing to such defect with the rent of the following month.

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Henning Haarhaus


I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.


Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Bar Association of Berlin, KIWANIS


German licensed lawyer and bar certified tax specialist

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