Mold growth in the Flat. Who is liable when?
Time and time again, landlords and tenants pose the same question. When is it legal to lower the rent due to mold and who is liable for damage resulting from mold in the flat? (Please notice, that this article about mold growth in the flat is referred to german law.)
These questions cannot be answered in one sentence and this article cannot / must not / and shall not replace consulting an accredited assessor or specialist lawyer. However it aims to give a basic overview of the subject of mold and rent.
What happens when you have mold in the flat? When does liability lie with the tenant and when with the landlord?
In principle this is rather straight forward. The party that caused the mold growth is legally liable. The first step is to identify whether the landlord caused the mold growth due to constructional defects of the house or flat; or if the tenant caused the mold by insufficient ventilation or poor use of heating.
An indication that the tenant could be responsible for the mold in the flat could be that for example previous tenants never had problems with mold growth in the flat and after 6-12 months after the new tenant moved in mold growth developed. It needs to be assessed, (ideally by a specialist company or assessor) where mold growth appeared and how far it developed. It should be clarified with the tenant how he or she heats the flat (temperatures) and how he or she vents the flat (how often, when and where). Further causes for mildew caused by the tenant could be newly done wrong wallpapering in the bath, or a leaking plant pot in the corner of a room. Fish tanks, too can lead to mold growth due to ongoing water condensation on the adjacent wall.
What a tenant should and should not do to avoid mold in the flat.
• In order to avoid mildew the tenant has to heat the flat in a normal range (18-21°C)
• To prevent mold the tenant is obliged to keep the temperature in the flat continuously above 15°C.
• A tenant cannot be forced to heat the bedroom over night but it can be demanded that the temperature should not drop below 15°C.
• The tenant is not obliged to compensate structural defects via excessive heating.
• Is the tenant on holiday, he or she is required to heat the apartment.
• In order to avoid mold growth the tenant hast o provide for a regular and sufficient exchange of air. (2 to 3 times a day for 10 minutes with fully opened windows. Tilted windows are not sufficient.)
• The tenant is not obliged to compensate structural defects and resulting mold growth via excessive ventilation.
When is the landlord responsible for mold in the flat? Well, the landlord is basically always then responsible when structural defects to the house or flat exist. Most commonly mold growth develops when for example new energy saving windows are refitted. The change to the insulation conditions can lead to condensation and subsequently to mildew in the corners of the window and the adjacent walls. Poorly refitted insulation can cause mold, as there is the possibility of thermal bridges created during the fitting. Obviously the landlord is liable for mold growth due to a burst pipe but not if the tenant drilled a hole in it and failed to report it.
Unfortunately, in many cases the circumstances are not clear. Should it prove impossible to find a consensus for the payment of the mold remediation an assessor should be consulted, as he or she will be able to identify the cause of the mold growth.
