Freitag, 19.01.2024
Retroactive rent reduction
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
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As a lawyer specializing in tenancy and property law at Caspers Mock Rechtsanwälte, Lars Christian Nerbel discusses the topic of retroactive rent reduction.
- The possibility of a retroactive rent reduction is influenced by whether it was previously declared that the rent would only be paid under the proviso of reclaim.
- If such a proviso exists, retrospective rent reductions are generally possible, even if the proviso was not formally declared but can only be inferred from correspondence or witness statements.
- The German Federal Court of Justice (BGH) has ruled that, even without such a reservation, subsequent rent reductions are generally possible.
However, the tenant must prove that he has paid the full rent even though he was aware of the defect and knew that he should not have had to pay the full rent.
- If the landlord cannot prove that the tenant knew about the defect and still paid the full rent, the tenant has a good chance of success.
However, the individual situation should be discussed with a lawyer in this constellation at the least.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.