The case: The owner of a Berlin apartment, had to share over the summer, the old oil heating system against a gas heating. In October, a tenant is not found, however, that your heater worked. Although they pointed out to the landlord several times, it was only in December re-warm in the apartment. In the course of which the tenant refused to pay the rent for the month of November and also the law reserved, the rent for so long to withhold, until the repairs were completed. Overall, they reduced the daily rent for each day with a broken heating by 75 percent. The landlord argued that the tenant had made in the summer, a date for the installation of the new heater.

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The verdict:

The district court of Charlottenburg, the tenant was right. A rent reduction of 70 percent is therefore not heating the space adequately, but the days broken down. The tenant may retain only a part of it October, and December, the rent-to-70 percent. In addition, the court gave her the paid for Heating costs, advance payment of the full amount.

the district court of Charlottenburg, Az. 216 C 7/13

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