Bleibeminderung

Bleibeminderung is a German legal term that translates to "stay reduction" or "retention reduction." It refers to a reduction in the amount of money that a tenant is required to pay as rent due to defects or impairments in the rented property that are not the tenant's fault. This is a right provided to tenants under German tenancy law to protect them from paying full rent for a property that is not in the agreed-upon condition.

The right to Bleibeminderung typically arises when there is a significant defect in the rental property that affects its usability. Examples include persistent mold, a malfunctioning heating system during winter, or severe noise disturbances originating from the building itself. The tenant must notify the landlord of the defect promptly. If the landlord fails to rectify the issue within a reasonable timeframe, the tenant may be entitled to reduce their rent.

The extent of the rent reduction is not fixed and depends on the severity of the defect and its impact on the tenant's use of the property. German courts assess each case individually. The tenant should not unilaterally decide the amount of reduction without careful consideration, as an excessive reduction could lead to rent arrears and potential eviction. It is advisable for tenants to seek legal counsel or consult with tenant associations to determine an appropriate reduction amount. The rent reduction can only be applied for the period during which the defect exists and affects the usability of the property. Once the defect is repaired, the full rent payment must be resumed.