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Emergency

Rent reduction due to scaffolding and facade work

Scaffolding in front of the windows often brings noise, dirt, restricted view, less daylight and an increased burglary risk. If this significantly impairs the contractual use of the apartment, a rent reduction may come into consideration.

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Your chances of getting your money back

Defects that reduce the fitness of the apartment generally entitle you to a rent reduction in an appropriate amount (§ 536 BGB). Decisive are the duration and severity of the impairment.
Pure maintenance measures must be tolerated by the tenant (§ 555a BGB), but that does not rule out a reduction where there is a noticeable impairment. With energy-related modernization the reduction may be partly restricted in the first months.

What you should do now

  1. 1

    1. Document the impairment

    Record noise times, dust, restricted view and light loss with photos and notes.

  2. 2

    2. Report the defect

    Notify the landlord of the impairment in writing and announce the reduction.

  3. 3

    3. Estimate the amount

    Orient yourself on comparable cases; reduce only to an appropriate extent and with reservation.

  4. 4

    4. Observe the duration

    Reduce for the period of significant impairment and adjust the rate if the situation changes.

How to spot the scam

  • You reduce too much or without a prior defect notice.
  • The scaffolding stands for months without work visibly progressing.
  • The landlord disputes any impairment despite a significant burden.

Frequently asked questions

How much rent reduction is possible with scaffolding?

That depends on the individual case: on duration, position of the scaffolding, noise and shading. The rate can, depending on severity, range from a few to clearly double-digit percent. There is no blanket figure; the specific impairment is decisive.

Do I have to tolerate the construction work?

Maintenance and many modernization measures must generally be tolerated by tenants (§§ 555a, 555d BGB) and are announced in time. But the duty to tolerate does not prevent you from reducing the rent appropriately for the period of significant impairment.

Should I pay under reservation?

Yes, that is often sensible. If you pay the full rent under reservation of reclaim, you avoid the risk of an excessive reduction and can later reclaim what was overpaid if the reduction was justified.

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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.