Apartment smaller than in the lease? Money back
The lease says 70 m², but on measuring it is only 60? A living space that is too small is not just annoying; it can be a rental defect and affects both rent and utility costs.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Reduce the rent →Your chances of getting your money back
What you should do now
- 1
1. Re-measure the area
Measure the living space carefully (mind the correct crediting of sloped ceilings, balcony, etc.).
- 2
2. Calculate the discrepancy
Is the actual area more than 10% below the agreed area?
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3. Report the defect and reduce
Report the discrepancy in writing and reduce the rent accordingly (under reservation).
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4. Correct the utility costs
Demand a correction of the utility cost statement based on the actual area.
Frequently asked questions
From when can I reduce the rent because of living space that is too small?
When the actual living space is more than 10% below the area stated in the lease. Then this is a defect that entitles you to a rent reduction (§ 536 BGB), specifically to the extent of the discrepancy. Measure the area carefully, report the discrepancy, and reduce best under reservation.
Does the area also affect the utility costs?
Yes. For the utility cost statement, according to the case law of the BGH the actual living space is decisive, not the one named in the contract. If your apartment is smaller, you can demand a correction of the statement and the repayment of overpaid utility costs.
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.