Tolerate or refuse modernization? Your rights during construction work

Modernizations (e.g. energy-efficient renovation, a new bathroom) you as a tenant must generally tolerate, but only if the landlord announces them properly and in good time. Against unreasonable hardships you can defend yourself, and for the time of the construction work the rent is often reduced.

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Your chances of getting your money back

Modernization measures are in principle to be tolerated, but must be announced at least three months in advance in text form, with type, scope, start, duration and expected rent increase (§§ 555c, 555d BGB).

If the measure or the rent increase would mean an unjustifiable hardship, you can object to the toleration or the increase. During the work the rent can be reduced.

What you should do now

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1. Check the announcement
Check the deadline (3 months) and the content of the announcement. If details are missing, the announcement is often invalid.
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2. Check grounds of hardship
Consider whether the construction work or the later rent is a particular hardship for you (health, financial situation).
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3. React on time
If you want to assert a hardship, notify the landlord in writing by the end of the month before the start.
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4. Secure the reduction
If the work impairs use (noise, dirt, closures), announce a reduction and document the burden.

How to spot the scam

The modernization is announced with a very short deadline, 'from next week'.
Details on duration and expected rent increase are missing.
A pure repair is declared a 'modernization' in order to raise the rent.

Frequently asked questions

Must I always tolerate a modernization?

In principle yes, if it was properly announced. But you can object if the measure or the follow-up rent means an unjustifiable hardship for you (§ 555d BGB).

What deadline applies for the announcement?

At least three months before the start, in text form and with details on type, scope, start, expected duration and the anticipated rent increase. If this is missing, the announcement can be invalid.

Can I reduce the rent during the construction work?

Yes, if the use of the apartment is significantly impaired by noise, dirt or closures. For pure energy-efficient modernizations, however, the reduction is limited in the first three months.

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.