Inquiry about potential rent decrease timeline.
In summer, excessive heat in rental properties can become a concern for tenants. To address this issue, here are some key considerations for tenants and landlords alike.
Firstly, it's essential to understand that heat alone may not always justify a rent reduction. However, if the room temperature during the day exceeds the benchmark of 26 to 28 degrees Celsius, it could potentially warrant a reduction.
Tenants are required to measure temperatures daily and document the days when the highest values of 26 to 28 degrees Celsius are exceeded. They must also provide evidence of these temperature spikes on specific days to justify a rent reduction.
Landlords, on the other hand, are obligated to ensure adequate thermal insulation that complies with technical standards. This is to prevent excessive heat from becoming a recurring issue.
When courts consider whether excessive heat in a summer rental justifies a rent reduction, several factors come into play. These include the lease terms and local laws, the landlord's duty to maintain a habitable dwelling, evidence of excessive heat, mitigation efforts, the impact on the tenant's quality of life, precedent and jurisdictional standards, and more.
Historically, courts have sometimes ruled in favour of tenants regarding heating issues, but these decisions often have limited scope and can be subject to reversal based on specific circumstances.
If a rent reduction is granted, it applies only to the days when the limit values were exceeded within the apartment. The reduction is also provisional until the defect is rectified. However, if the landlord takes immediate action to rectify the defect, the rent reduction does not apply.
Tenants should report the defect in writing to the landlord, along with the information that the rent is being paid provisionally. In some cases, a rent reduction of up to 20 percent can be applied for days with actual defects due to excessive heat.
However, it's important to note that the severity of heat buildup and the number of days in a month that the apartment is excessively heated are crucial factors in determining the rent reduction. Additionally, large window areas in buildings can lead to a greater heat buildup, and in attic apartments or old buildings, tenants may expect higher temperatures in the summer compared to new buildings.
For specific guidance, it's advisable to consult with local legal experts or review relevant statutes and case law in the jurisdiction where the rental property is located.
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