No reduction in rent, if the size of an apartment in the contract is described explicitly as not binding. Although a tenant should cut the rent if the actual size unterschreite called by the landlord specifying more than ten percent. In this case, however the parties had agreed in the contract expressly, that not the size, but the number of rooms is crucial. According to lease the apartment “because of possible measurement bias” was described according to the number of rented rooms and rented and not by area. The landlord had killed the operating costs, but according to the number of square metres. The apartment was nearly 55 square meters less than 43 instead of the one specified in the contract.
The tenant complained to refund paid rent and operating costs. A measurement error can be a minor deviation, must match but not nearly a third of the size of the apartment, argued the lawyer of the tenant. The Federal Supreme Court judges did not follow the and on the special parties in the Contract. A reduction in rent was not possible in this case. Important information and tips for landlords to housing defects and reduction in rent in the Guide by Thomas Trepnau “The secret of the damp wall – rental reduction” ISBN 978-3-98-130490-9 available in all bookstores, including the online bookseller, as well as on the homepage of the author Thomas Trepnau PO box 101028 93010 Regensburg E-Mail: company description the author Thomas Trepnau offers tailor-made corporate training as well as operators such as the Chambers of Commerce and industry – based seminars and German real estate – Academy for landlords, Property managers, owners, brokers, real estate financier and other real estate companies. Also books on the topics of the seminar appear regularly in the publishing of company. Thomas Trepnau offers its customers optimal solutions at affordable prices by combining books, trainings, courses and seminars and guarantees at the same time as high quality in terms on actuality and practicality. The training courses and workshops are carried out throughout Europe.