Mold in a rented apartment - what do you have to consider?

Of course, mold does not only occur in single-family homes, but also in multi-party buildings. However, if you are not the owner, but only a tenant of an apartment, you have to pay attention to a few things. What is important in mold in the rental apartment, you will learn in this post.

Common cause of mold in rental housing

Energy-saving renovation measures (insulation) that are carried out very quickly and as cost-effectively as possible are a frequent cause of subsequent mold infestation in the apartments. For this reason, it also happens in renovated rental apartments often mold.

Mold is a rental shortage

Basically, mold in an apartment is to be regarded as a lack of rent. The liability for this defect can be different.

at fault

The tenancy law makes a clear distinction in terms of liability for the cause of the mold. Who caused the damage, must also pay for the renovation. Possible causes:

  • lack of ventilation of the tenant (tenant is the cause)
  • too small a distance between the furniture and the walls (tenant is NOT considered the cause, after a previous court judgment)
  • Defects in the building (landlord is liable)
  • Errors in the execution of insulation and redevelopment (landlord and possibly implementing company are liable)
  • Water damage (complex liability issue, depending on whether water damage could have been avoided and caused by negligence of the renter)
  • Leaky or not suitable windows (too high U-value) (for the equipment of the flat the landlord is responsible)

Practice of jurisprudence

In practice, in some cases it is quite possible that the courts blame the tenant if it has not been properly ventilated. Even if the tenant often enters the apartment only in the evening, because he works during the day. As a rule, however, the local courts consider that such a requirement is unreasonable, just as the placement of large pieces of furniture 10 cm from the wall away.

Advertisment to the landlord advisable

In any case, you should report the defect (ie the mold) to the landlord as early as possible and best in writing. Anyone who proves that he has informed the landlord in good time often has better maps.

Own mold remediation measures

Since, in principle, the landlord is liable for the defects that occur, you should refrain from own mold removal measures in principle. The landlord could otherwise demand compensation if remedial measures are more complicated or no longer possible because of self-imposed measures. Better just inform the landlord first.

rent rebate

Unauthorized to reduce the rent is not advisable. One can point out in the course of the announcement to the landlord that the rent payments up to the remedy of the damage take place with reservation. This is also an approach recommended by the tenants' association. In addition, one can, of course, seek an agreement with the landlord about a rent reduction.

Termination without notice

The tenant has a right to immediate termination only if there is evidence of existing real health problems (health hazard), which can be conclusively attributed to the mold in the apartment.

Tips & Tricks

In any case, have a professional appraiser prepare an opinion on the mold and the possible causes. This can be the most effective remedy.

Video Board: What should tenant do if there is mold in the apartment?