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Emergency

Balcony or terrace closed off: rent reduction for an unusable outdoor area

If a balcony, a terrace or a garden belongs to the apartment, it is co-rented. If you cannot use this area because of renovation, dilapidation or closure, that reduces the living value, and thus the rent, at least for the time of the impairment.

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Your chances of getting your money back

If a co-rented outdoor area is not usable, there is a defect and the rent is reduced for the duration of the closure (§ 536 BGB).
The amount depends on importance and season: in the warm season the loss of a balcony weighs more heavily than in winter.

What you should do now

  1. 1

    1. Check the co-renting

    Clarify whether the outdoor area belongs to the apartment (rental contract, handover). Only then does a loss reduce the rent.

  2. 2

    2. Document the closure

    Record since when and why the area is closed off (notices, photos).

  3. 3

    3. Report the defect

    Report the defect to the landlord and announce a reasonable reduction until the area is usable again.

  4. 4

    4. Pay the rent under reservation

    Pay the reduced rent or the full rent under reservation so as not to forfeit anything.

How to spot the scam

  • A renovation drags on through the whole summer season.
  • The balcony is closed off for safety reasons but not repaired promptly.
  • The landlord disputes that the outdoor area is co-rented.

Frequently asked questions

Can I reduce the rent for a closed balcony?

Yes, if the balcony is co-rented and not usable. Then there is a defect and the rent is reduced for the duration (§ 536 BGB). For pure common areas it can be different.

How high is the reduction?

That depends on the share of the outdoor area in the living value and on the season. In summer the reduction for a balcony is generally higher than in winter. Decisive is the individual case.

Do I have to tolerate the closure when renovation is done?

You must tolerate necessary maintenance or modernization work to a reasonable extent. But that does not change the fact that the rent can be reduced for the time of non-usability.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.