Replacement housing during the remedy of defects
01.10.2020, updated on 07.03.2023
If there are defects that make the living space uninhabitable, several claims of the Home Maintenance tenant against the landlord come into consideration:On the one hand, the tenant can reduce the rent by up to 100% and remain in the apartment.On the other hand, the tenant can terminate the rental agreement if special conditions are met – in exceptional cases (see the article “Extraordinary termination without notice by the tenant due to defects In principle, the tenant – as well as the landlord – can terminate the lease extraordinarily if there is an “important reason”, cf. § 543 para. 1 sentence 1 BGB. … (Link: to the article here on the website) Extraordinary termination without notice by the tenant due to defects”). Moving costs, any brokerage commission and the difference between the previous and the new rent must then be compensated by the landlord until the expiry of the notice period.However, it can also be agreed between tenant and landlord that a replacement apartment will be provided. Then rent must only be paid for the replacement apartment if there is a corresponding agreement.
But what applies if a replacement apartment is not provided and/or the provision … Read the rest