Attic drama: Tenant wins dispute over defective shower!

Attic drama: Tenant wins dispute over defective shower!

A tough dispute has overshadowed an attic loft in Freiburg: the tenant's use of the shower has been in jeopardy since last February 20 minutes reported. The tenant was unexpectedly told not to use the shower anymore because water stains had appeared on the ceiling of the apartment below, where the landlady lives. A specialist company determined that the damage was due to a construction error, for which the tenant was not to blame.

Although the landlord initially attempted to defuse the situation by offering to share her own shower with the tenant, this did not resolve the issue. In June 2024, the tenant went to court and the tenancy tribunal ruled that the landlord had to repair the shower within 30 days at her expense. The landlord appealed against this decision to both the cantonal court and the federal court, but argued in vain as both instances rejected the complaints. Ten days ago, the final decision was made in favor of the tenant: the repair costs for the shower, which are estimated at less than 5,000 euros, must be borne by the landlord.

Tenant's rights in the event of defects

Interestingly, it remains unclear whether the tenant will remain in the apartment. According to the tenants' association, a defective bathroom such as a shower also has direct financial consequences for the tenant: the rent can be reduced by up to 16 percent. The text of the law is based on the minor repairs clause, which states that the tenant is responsible for certain minor repairs, such as mietrecht.org explained. In plain language: While the landlord is liable for major repairs, smaller ones such as grinding hinges must be carried out directly by the tenant. If calcification occurs, these must also be removed at your own expense.