Residential Tenancy, 9% Rent Reduction Due to Missing Double Doors to the Kitchen and Bedroom
– Rent Reduction
A tenant of a high-priced apartment is entitled to a 9% reduction in rent if double doors between the living room and bedroom, as well as the living room and kitchen, are missing in their apartment.
The Cologne Regional Court determined the following in an appeal judgment on July 11, 2013 – Case No. 6 S 285/12 regarding the justification for rent reduction due to missing double doors in a rental apartment:
The plaintiff’s claim is (…) justified in terms of the amount. (….) The absence of doors to the bedroom and kitchen constitutes a noticeable impairment of the rental use and therefore justifies a rent reduction according to § 536 BGB. With a gross rent of 1620 €, the reduction of 150 € amounted to nine %. It should be taken into account that the absence of doors to the bedroom and kitchen, and thus the possibility of keeping kitchen odors away or separating the sleeping area, is particularly impairing. Moreover, it was a relatively high-priced apartment where a tenant can absolutely expect doors to the bedroom and kitchen to be present. Additionally, it was not reasonable for the plaintiff to engage in a dispute with the tenant over the amount of rent reduction – which the chamber considers quite justifiable – and thereby strain the tenancy relationship that had just begun. (…)
The full judgment, including the ruling of the lower court, is printed under the section on Contract Law.
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