Munich Local Court, 10 August 2010, Ref.: 424 C 7097/09
In principle, the tenant can claim a rent reduction from the tenant in accordance with Section 536 (1) BGB if the rented property has a material defect or defect of title or if the rented property lacks warranted characteristics. These characteristics also include the size of the flat or individual rooms.
Facts of the Case:
The tenant reduced the rent due to a discrepancy in square metres
In the above-mentioned case, the tenant was of the opinion that the size of the rented flat was only 24 square metres instead of the 36 square metres advertised in the newspaper advertisement. The tenant then reduced the rent. In return, the landlord argued that, in contrast to the newspaper advertisement, the rental agreement did not contain any information on the number of square metres.
Judgment of the District Court of Munich
Local court saw no claim for reduction because no number of square metres was contractually agreed
The Munich District Court ultimately ruled in favour of the landlord. In principle, the deviation of the actual living space from the contractually agreed living space by more than 10% entitled the landlord to a rent reduction. In the present case, however, the number of square metres had not been contractually agreed. A deviation from the information provided in the newspaper advert would not be sufficient for a rent reduction in this respect.
Source: District Court of Munich
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