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The living space in the rental agreement

08-23-2024 08:36 AM CET | Politics, Law & Society

Press release from: Deutsche Kautionskasse

The living space of a property not only plays a central role in purchase decisions, but is also of crucial importance when concluding a rental agreement. It directly influences the amount of rent and can lead to considerable conflict between tenant and landlord if it is unclear or incorrect. Here are some important aspects that you should consider in connection with the living space in a rental agreement:

Accuracy of the living space information

Before you sign a rental agreement, you should have the living space confirmed exactly. The details are often based on estimates or outdated plans, which can lead to deviations from the actual area. A subsequent correction can increase or decrease the rent, depending on the actual size of the apartment.

Understanding calculation methods

Find out about the calculation methods for living space that apply in your country. In Germany, for example, this is the Living Space Ordinance, which specifies exactly which areas count as living space and how balconies, terraces, etc. are calculated on a pro rata basis.

Significance for the rent

Living space is often a basis for calculating rents. Make sure you clearly understand how the area is stated in your rental agreement and how it relates to the rent. This is particularly important in areas with fixed living space or rent control.

Recording deviations

If you discover any differences between the living space stated in the rental agreement and the actual living space after moving in, document these immediately. You may be entitled to a rent reduction if the actual area is significantly smaller than agreed.

Legal framework

Familiarize yourself with the legal framework. In the event of deviations, a tolerance limit of up to 10% of the agreed living space applies. If the actual size of an apartment is more than ten percent smaller than the area specified in the rental agreement, this is considered a significant defect that justifies a rent reduction, according to a ruling by the Federal Court of Justice.

Use the room for negotiation

Knowing the exact living space can also give you room to negotiate the rent. A precise area calculation can be a strong argument in negotiations, especially if the actual area differs from the stated area.

Protection through the rental agreement

Make sure that the living space is clearly and unambiguously stated in the rental agreement. In the event of discrepancies, the contract serves as a legal basis for any claims.

Conclusion

The living space is an essential part of a rental agreement and can have far-reaching financial and legal consequences. A careful review before signing the contract and a good understanding of the legal terms can help to avoid disputes later on and ensure that you are treated fairly as a tenant. Be proactive, inform yourself and don't hesitate to ask questions if anything is unclear. In this way, you can ensure that your new home not only meets your housing requirements, but also the legal and financial framework conditions.

presse@kautionskasse.de
https://www.kautionskasse.de/

Deutsche Kautionskasse was the first financial services provider in Germany to offer both tenants and landlords an alternative to cash deposits, bank guarantees and expensive credit solutions with Moneyfix® Mietkaution. Moneyfix® Mietkaution offers private households as well as commercial tenants a simple and fast solution for more financial flexibility. With years of experience in the field of alternative rental deposits, we offer simple, individual and reliable solutions for tenants, landlords, partners and financial service providers. And with over 4 million rental properties in Germany, we are the market leader with the highest acceptance in the real estate industry. And the trend is rising.

Moneyfix® rental deposit - Always stay liquid.

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