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Leaky windows, drafts, high heating costs: enforce a rent reduction

Leaky or defective windows are more than a comfort problem: they lead to drafts, cold, high heating costs and sometimes damp. The landlord must remedy such defects, and for the duration of the impairment the rent is reduced.

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Your chances of getting your money back

Leaky, defective or poorly closing windows are a defect of the rented property. You can demand remediation and reduce the rent for the duration (§§ 535, 536 BGB).
The landlord must maintain against normal wear. You must report the defect; a self-caused damage (e.g. use of force) does not count.

What you should do now

  1. 1

    1. Document the defect

    Photograph and describe the problem (drafts, gap, fogged panes). A paper or candle test shows drafts vividly.

  2. 2

    2. Report in writing and set a deadline

    Report the defect to the landlord and demand the repair within a reasonable deadline.

  3. 3

    3. Announce the reduction

    Announce a reasonable reduction and pay the rent under reservation until the windows are repaired.

  4. 4

    4. Follow up

    If nothing happens, demand again with a deadline. In the event of significant cold in winter, acting quickly is important.

How to spot the scam

  • The landlord refers to 'burst ventilation', although the windows are demonstrably leaky.
  • Fogged panes (defective insulating glazing) are dismissed as a trifle.
  • Repairs are postponed for months.

Frequently asked questions

Are leaky windows a rental defect?

Yes, provided they are not caused by you. Drafts, defective seals, jamming or leaky windows impair use and are a defect that the landlord must remedy.

How much may I reduce?

That depends on the impairment; individual leaky windows have a different effect from a whole apartment with drafts in winter. The range goes from a few to double-digit percentages. Decisive is the individual case.

May I have the windows repaired myself?

Only after you have set the landlord a deadline unsuccessfully does a substitute performance at their expense come into consideration. Without prior setting of a deadline you risk being left with the costs.

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.