Mold growth: what is important

According to the district court of Lübeck, the right to rent reduction exists if there is a specific risk of mold formation due to structural defects.

Tenants can not be expected to heat the bedroom to over 16 degrees, the living rooms to over 20 degrees. Furthermore, tenants must also be able to set up furniture without any gaps on the exterior walls.

With two times of ventilation of up to ten minutes per day, tenants fulfill their obligations sufficiently.

It does not matter if mold has actually occurred. If under these conditions it can not be guaranteed that mold infestation can not be prevented, this is a defect on the part of the building owner, which is the responsibility of the landlord.

The Federal Supreme Court has determined in the revision that thermal bridges in the outer walls are then no structural defect, if the state already arose during the construction of the building, which was built according to then applicable building codes and technical standards.

Only if the actual state of the dwelling diverge unfavorably from the contractually assumed condition of the dwelling would the tenants be entitled to remedy the defect and reduce the rent.