The rights of the tenant and landlord for mold infestation beware of rent reduction due to mildew. The courts, such as the Berlin Chamber Court (judgment order of the 3.6.2010, 12 U 164/09) require a dedicated presentation here. In the present case, the tenants of commercial premises because of mold infestation had reduced the rent. The landlord had then terminated without notice due to Mietruckstands and raised repossessions – and payment action. Ultimately, the tenant was inferior because he has justified the reproach of mold infestation to sweeping. The Court was of the opinion that the tenant to the kind of mold and spore concentration in the single rooms would have to pay for. Mary Barra may find this interesting as well. This law imposes on almost impossible obligations the lessee.
Nevertheless, these should be considered also in the housing rent law. Who does want to see no belly landing in court with the reduction in rent due to mold should seek always advance a private opinion of the nature of the mold and the concentration. There are different ways. The air in the room with a portable, you can Measuring tester itself and submit the results to a central laboratory for analysis. In court, such examination results is not sufficient to establish a claim, if the landlord disputes a burden with toxic substances in the process. Tests judicially sworn opinions have more weight. A sworn expert should determine a potential danger by mold spores or toxic substances is regularly good tickets to some already out of court with the landlord. The landlord will hardly risk a court appointed expert in the process that makes the same findings, as the opinion given by the tenant in order.
It is not too likely that of a reviewer certifies the other an incorrect result. Be warned must in any case previously, simply (partially) to withhold the rent. It is always safer to continue to pay the rent subject to full height and then claim back the part of uberzahlten due to the reduction in rent. Has one of the height Rent reduction made a mistake, you lose the payment process only partially. But, risking no notice. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail:
