Constant noise from the construction site next door? Check a rent reduction
There is construction next to your apartment, noise, dust, vibrations for months? A significant impairment can be an apartment defect and entitle you to a rent reduction. What matters is the documentation, and a look at the special features of construction noise.
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Report defects and reduce the rent →Your chances of getting your money back
What you should do now
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1. Keep a noise log
Over several days/weeks, note the times, type and intensity (noise, dust, vibrations). Photos/videos help.
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2. Report the defect
Report the impairment to the landlord in writing (§ 536c BGB) and announce a reasonable reduction.
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3. Reduce cautiously
Reduce reasonably for the duration of the significant impairment, best under reservation, to avoid rent arrears.
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4. Clarify cause/responsibility
Clarify whether the landlord has claims against the party causing the construction; that affects your reduction options.
Frequently asked questions
Can I reduce the rent because of construction noise?
With significant, ongoing construction noise, a defect can exist that justifies a reduction (§ 536 BGB). According to BGH case law, however, it also depends on whether the impairment was foreseeable at the conclusion of the contract and whether the landlord can avert it or demand compensation. So reduce cautiously and under reservation.
How much may I reduce?
That depends on the extent and duration of the impairment. Court rulings on comparable cases give orientation. A meaningful noise log is the basis; when in doubt, better to reduce moderately and under reservation.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.